Salvatore D'EmanuElE v. Montgomery Ward & Company, Inc. Montgomery Ward & Company, Inc. Long Term Disability Plan & Trust

993 F.2d 882 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Salvatore D'EMANUELE, Plaintiff-Appellant, v. MONTGOMERY WARD & COMPANY, INC.; Montgomery Ward & Company, Inc. Long Term Disability Plan & Trust, Defendants-Appellees. No. 91-56245. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1993. Decided May 21, 1993. Before SCHROEDER, THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Plaintiff Salvatore D'Emanuele appeals the district court's order awarding him $88,465 in attorney fees. We affirm. FACTS 3 This is the second appeal by D'Emanuele from an award of attorney fees. The underlying case, a claim for benefits under an Employee Retirement Income Security Act ("ERISA") disability plan, was settled in 1988. That settlement provided that D'Emanuele would receive attorney fees from defendant Montgomery Ward & Co., Inc., in an amount deemed reasonable by the district court. It also included an interim payment…