Aetna Life Ins Co v. DFW Sleep Diagnostic, et al

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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. 29 U.S.C.
§ 1132(g)(1). Analyzing the factors set forth in Iron Workers

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2
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. Having done so, we
find no reversible error of law or fact. We therefore AFFIRM for
essentially the same reasons stated by the trial court.
AFFIRMED.

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