The Equitable Life Assurance Society of the United States, a Mutual Insurance Company v. Kenneth J. MacGill

JAMESON, District Judge:

Appellant, Kenneth J. MacGill has appealed from an order awarding him an attorney fee of $1.00, following a judgment in his favor on a counterclaim in a declaratory judgment action instituted by appellee, Equitable Life Assurance Society of the United States. Appellant contends that the amount of the award is unreasonable and constituted an abuse of the district court’s discretion. Equitable, although not taking a cross-appeal, contends that no attorney fees were properly awardable. 1

Factual Background

MacGill, a former airline pilot, was insured under a group policy…