United States First Circuit

Judgment for plaintiff in a suit alleging wrongful withholding from retirement plans is affirmed where the district court properly engaged in plenary review in light of the conflict of interest of the plans' trustee, but plaintiff's cross-appeal for attorney's fees and interest is denied where the district court did not abuse its discretion in denying these requests.

Appellate Information

• Decided 08/07/2006
• Published 08/07/2006

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, HUG, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Alexander J. Walker, Jr., with whom Danielle L. Pacik, Jeanneane N. Osborne, and Devine, Millimet & Branch, P.A. were on brief, for appellants/cross-appellees., Thomas J. Donovan, with whom McLane, Graf, Raulerson & Middleton Professional Association were on brief, for appellee/cross-appellant.