In an attorney's fees action, arising from an ERISA case, the district court's denial of appellate attorney's fees under 29 U.S.C. section 1132(g)(1) is reversed. The Court held that when analyzing a party's request for appellate attorney's fees under the rubric of Hummell v. S.E. Rykoff, 634 F.2d 446 (9th Cir. 1980), a court must consider the entire course of litigation instead of focusing exclusively on the prior appeal.