 was attacked.
Without objection by either party, the court instructed the jury, Vol. IV, p. 28:
"The plaintiff claims that the defendant owes contributions to plaintiff's employer, the Western Conference of Teamsters Pension Fund (Fund), under Collective Bargaining Contracts between defendant and Teamsters Local No. 307. Plaintiff alleges defendant owes contributions to the Trust Fund for all defendant's Collective Bargaining Unit employees for every hour worked by those employees.The defendant admits that the Collective Bargaining Contracts call for contributions only for regular employees and casual employees. Defendant alleges that it has no casual employees as defined under the Collective Bargaining Contract. Defendant alleges that if contributions are owing the Fund for regular employees, the amount of contributions that would be owing is substantially lower than asked for by plaintiff."
In Brown v. McGraw-Edison Company (10 Cir., 1984), 736 F.2d 609, 616, opinion filed June 1, 1984, we held that:
"A motion for a new trial made on the ground that the verdict of the jury is against the weight of the evidence normally presents a question of fact and not of law and is addressed to the discretion of the trial court."
In that opinion we said that the standard we use in determining this is whether the verdict is "clearly, decidedly, or overwhelmingly" against the weight of the evidence, citing Champion Home Builders v. Shumate (10 Cir., 1967), 388 F.2d 806, 808. On review, we will not disturb the denial of a motion for new trial unless there is a showing of manifest abuse of discretion. Walter v. Warner (10 Cir., 1962), 298 F.2d 481, 484. In the case at bar, the jury verdict was within the range of liability claimed by the parties. The trial court did not abuse its discretion in denying the motion for new trial.
In his motion to enter judgment, plaintiff requested attorney's fees of $9,228.57 R.Vol. 1 pp. 64-65. This was amended to seek a total of $11,776.07, R.Vol. 1 P. 93. In its November 2, 1982 order granting judgment for plaintiff the trial court included reasonable attorney's fees in the amount of $3,500.00. The stated reasons for this determination were:
"based primarily on my assessment of the amount of time and labor reasonably required to prepare for and try the case; the result obtained which is considerably less than the result sought; the skill and experience of counsel which was characterized by a lack of efficiency, organization and promptness, and my own familiarity with the fees paid for similar cases in this legal community." (R.Vol. 1 p. 99)
The court did not question the accuracy of the time requested but felt that the amount was unreasonable based on the foregoing considerations. Plaintiff argues that in 1980 Congress changed the language of 29 U.S.C. § 1132 to require the court to award reasonable fees, rather than leaving such an award to the discretion of the court, which was the practice under the statute before amendment. See ERISA Amendments of 1980, Pub. L. No. 96-364, Sec. 306(b) (2), 94 Stat. 1295 (amending 29 U.S.C. § 1132(g)). While this is true there was no violation of the statute in the court's determination of a reasonable fee in this case. It conforms with the standards adopted by this court in determining reasonable fees in other contexts. See Battle v. Anderson (10 Cir., 1980), 614 F.2d 251; and Francia v. White (10 Cir., 1979), 594 F.2d 778.
Affirmed.americans'anxiety about the economy and their jobs resurfaced in july, sending a widely followed measure of consumer confidence downward and ending a three-month winning streak.

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sean townsend remembers how his gymnastics career began and blossomed.

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former president alan garcia on tuesday was assured a spot in peru's presidential runoff against nationalist candidate ollanta humala, after a spokesman for his closest rival acknowledged she could not overcome a vote difference with legal challenges.

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residents of thailand's northeast province of nong khai have turned out by the thousands to raise money for the care and feeding of local elephants.

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governor heads effort to feed elephantsAt my old place we weren’t supposed to answer the phone (but had about 12 phones in the place  and only 10 staff. 3 of the phones were in the room in the back that literally only people who weren’t allowed to answer the phone went in- still trying to figure that one out). Made it real interesting when we were short staffed and 1 or 2 people were allowed to answer the phone. Made it a nightmare when you needed to talk to them and they were trying to catch up on the 20 missed calls while also dealing with awkward customers coming in. Boss in general was dumb and hard to get along withBuilding new PC. Input on how Intel and AMD handle PT?

Hi! As title states, I'm building a new PC for audio editing/recording and video editing. I'll either spring for a Ryzen 3900x or i9900k for the CPU. Assuming all other parts are the same and of a high enough quality not to throttle the CPU, does anyone have input on how these different chips handle PT 12? Are people running these in their rigs currently? How does PT handle allocating resources to single/multiple cores? Any input is appreciated. Thanks!A professional-looking phone case made of genuine leather with an interior card pocket for convenience.
Protect your phone's screen in style wherever work or life takes you. The Galaxy Note9 Leather Wallet Cover is made of genuine leather to keep your phone looking professional. The built-in interior card pocket keeps your credit cards or IDs handy when you need them. To install, align bottom edge of phone within the bottom edges of case. Push phone into case making sure all four corners snap into place securely.There comes a point for a lot of dancers who have to make the choice of homeschooling. Ballet is so time-consuming, so there has to be a “give and take”. I myself, did high school online and finished in two years, third in my class and with my AA. So, if you are self-motivated it’s a great opportunity to balance dancing and education. The video below was made by a ballet student about her experiences with online school. (@chloechka_art) Props to her for animating at the age of 15, because I am like dying just doing 2D drawings.
So, how do you know when it is right to homeschool? There comes a point where the hours in the day are running short, and it seems that there aren’t enough hours in the day to balance school, homework, dance and rehearsals. For some, the answer is easy and it is to homeschool. While homeschool isn’t for everyone, for those who do want to pursue that option, it isn’t as hard as it seems. Nowadays, you just need to fill out an affidavit and set up your curriculum. If you can financially afford to purchase curriculum that’s probably the easiest way. If you can’t afford to buy a set curriculum, you can piece it yourself. But, one of the best things you can do is find an online charter school in your state.
If you are ready to homeschool and don’t know how to talk to your parents about it, ask your dance teacher, and they should be able to help explain the reasons why, and provide you with proper guidance. If they can’t, you can show them this article.
To be a part of a pre-pro program most start at 10:00 AM or 1:00 PM.
Most ballet dancers are self-sufficient and can work at a faster pace so they don’t waste time.
Homeschooling allows for more hours of dancing and rehearsals, not to mention if you are asked into a year-round school, it’s an easier transition.
Travel time. It also saves on travel time and chauffering around.
It allows dancers to excel at their own pace. Sometimes it is frustrating not being able to control the progress in the ballet studio, so having control of progress in education is a good feeling.
Finally, homeschool isn’t for everyone. Some schools will allow dancers to leave early and skip out on elective and PE classes in exchange for their dance school to sign off on hours. This allows for more hours of dance. And, you should never compromise the quality of education for your dancing because an education is something that no one can take away. You also will need it as a backup plan if you get injured or if you don’t get a contract.
Thank you for this article. I am a homeschooling mom with a ballet daughter. I find that one of the biggest time saver in homeschooling is that there is no homework. Let me be super clear: there is still a lot of work. But once you learn it with, say, an online program, you don’t have additional work to reinforce what you need to know, which is the whole purpose of homework. There just isn’t opportunity for the teacher to make sure all 30+ kids know everything that’