Shelton v. Hawaii Carpenters' Pension, Health & Welfare, Apprenticeship, Vacation & Holiday, and Annuity Trust Funds

951 F.2d 362 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James SHELTON, Jr., and ABC Custom Cedar Homes Pacific, Plaintiffs-Appellants, v. HAWAII CARPENTERS' PENSION, HEALTH & WELFARE, APPRENTICESHIP, VACATION & HOLIDAY, AND ANNUITY TRUST FUNDS, Defendant-Appellee. No. 90-16106. United States Court of Appeals, Ninth Circuit. Submitted Nov. 6, 1991. * Decided Dec. 16, 1991. Before ALARCON, D.W. NELSON and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 James Shelton appeals the district court's denial of his 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). He argues on appeal that the district court's refusal to award fees undermines the purposes of ERISA because it fails to penalize an employee benefit fund's reliance on the statements of a convicted perjurer in deciding to pursue Shelton for contributions to the fund. Because we find that the district court did not abuse its…