Aetna Life Ins Co v. DFW Sleep Diagnostic, et al
Filing
920060913
Opinion
United States Court of Appeals Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT September 13, 2006 Charles R. Fulbruge III Clerk No. 05-30343 AETNA LIFE INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, versus DFW SLEEP DIAGNOSTIC CENTER; ET AL., Defendants-Counter Claimants; DFW SLEEP DIAGNOSTIC CENTER; TOTAL SLEEP DIAGNOSTICS INC; TOTAL SLEEP DIAGNOSTICS OF KANSAS INC; TOTAL SLEEP DIAGNOSTICS OF OHIO INC; TOTAL SLEEP DIAGNOSTICS OF INDIANA INC; TOTAL SLEEP DIAGNOSTIC BILLING INC; TOTAL SLEEP DIAGNOSTICS OF GEORGIA INC; SLEEP SPECIALTIES INC; Defendants-Counter Claimants-Appellants.
Appeal from the United States District Court for the Eastern District of Louisiana Case No. 2:02-CV-1335 Before JONES, Chief Judge, and REAVLEY, and PRADO, Circuit Judges. PER CURIAM:* Appellants, led by DFW Sleep Diagnostic Center, appeal the denial of their request for attorneys' fees under the
Employment Retirement Income Security Act of 1974. § 1132(g)(1).
29 U.S.C.
Analyzing the factors set forth in Iron Workers
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
*
Local No. 702 v. Bowen, 624 F.2d 1255, 1266 (5th Cir. 1980), the district court held that there was no basis for an award of attorneys' fees because Aetna's claims were not made in bad faith and the merits of the case presented complex issues. The court has carefully reviewed this appeal in light of the briefs and pertinent parts of the record. find no reversible error of law or fact. Having done so, we
We therefore AFFIRM for
essentially the same reasons stated by the trial court. AFFIRMED.
2
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