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Anderson v. AB Painting and Sandblasting Inc.

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ARGUED FEBRUARY 20, 2009

Before BAUER, MANION and SYKES, Circuit Judges.

The Painters’ District Council No. 30 Health and Welfare Fund and two other multi-employer employee benefit plans (collectively “the Funds”), through their trustee Charles E. Anderson, successfully sued to collect delinquent contributions from AB Painting and Sandblasting, Inc., a Fund partici-pant. The district court awarded attorney’s fees to the Funds, as required by the Employee Retirement Income Security Act of 1974 (“ERISA”), but in an amount much lower than requested because the court was not comfortable with what it perceived to be the disproportionate amount of money spent litigating the Funds’ relatively small claim. The Funds argue that this concern with proportionality was misplaced and that a new fee calculation is required. We agree.

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