United States Second Circuit

In a suit alleging the conversion of defendant from a mutual to a stock life insurance company violated constitutional rights, the district court's granting of attorneys' fees is reversed where the allegation of state action, although meritless, was not frivolous.

Appellate Information

• Decided 08/09/2004
• Published 08/09/2004

Judges

• McLAUGHLIN, Circuit Judge., Before:  McLAUGHLIN, CABRANES, and WALLACE, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James M. Pietz, Malakoff Doyle & Finberg, P.C., Pittsburgh, PA (Michael P. Malakoff, on the brief), Peter Wasylyk, Providence, RI, for Plaintiffs-Appellants.


• For Appellees:
  
• Daniel J. Spillane, Debevoise & Plimpton LLP, New York, N.Y. (Bruce E. Yannett and Carl Micarelli, on the brief), Duncan J. Logan, Metropolitan Life Insurance Company, Long Island City, NY, for Defendants-Appellees.