Court of Appeals for the Ninth Circuit November 2, 1984, No. 83-1792 (Smith v. CMTA-IAM Pension Trust)

lead-opinion

FERGUSON, Circuit Judge:

This case is before the court to review the district court’s denial of plaintiff’s motion for attorney’s fees under section 502(g)(1) of the Employee Retirement Income and Security Act (ERISA), 29 U.S.C. § 1132(g)(1). We hold that the district court abused its discretion in denying fees and therefore reverse and remand.