(Download) "Raber v. Southern Ohio Coal Co." by Ninth Circuit United States Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Raber v. Southern Ohio Coal Co.
- Author : Ninth Circuit United States Court of Appeals
- Release Date : January 12, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Craig E. Raber and Stephen W. Wierbonski filed suit in district court, on behalf of themselves and others similarly situated, alleging that Southern Ohio Coal Company (SOCCO) and the SOCCO Severance Pay Plan (the Plan) violated the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq. In addition, Raber brought an individual ERISA claim and a claim under the West Virginia Human Rights Act, W. Va. Code § 5-11-1 et seq. SOCCO and the Plan filed a motion to dismiss or, in the alternative, for summary judgment and later moved for attorneys fees under 29 U.S.C. § 1451(e) and Fed. R. Civ. P. 11. The district court granted summary judgment (or, in the alternative, dismissal) to SOCCO and the Plan on all counts, granted their motion for attorneys fees on the ERISA claims, and denied SOCCOs Rule 11 motion for attorneys fees under Rabers state law claim. Raber and Wierbonski now appeal from the final judgment and the grant of attorneys fees, and SOCCO cross-appeals from the denial of Rule 11 attorneys fees. Finding no error in the district courts orders, we affirm.
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