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054178P.pdf 08/24/2006 Gary Starr v. Metro Systems, Inc.
U.S. Court of Appeals Case No: 05-4178
and No: 06-1087
District of Minnesota
[PUBLISHED] [Smith, Author, with Heaney and Gruender, Circuit Judges]
Civil case - ERISA. District court did not abuse its discretion in
declining to award statutory damages for defendant's COBRA violation
based on its finding that the plan administrator's failure to mail
notice was not based on wilful disregard of COBRA's notice requirements;
district court did err in refusing to award plaintiff attorney fees.
Judge Gruender, concurring in part and dissenting in part.