The following excerpt is from Rondor Music Intern., Inc. v. Great West Life & Annuity Ins. Co., 142 F.3d 445 (9th Cir. 1998):
Section 502(g) of ERISA provides that "[i]n any action under this subchapter ... by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney's fee and costs of action to either party." 29 U.S.C. 1132(g). "Fiduciary status ... is not an all or nothing concept.... [A] court must ask whether a person is a fiduciary with respect to the particular activity in question." Maniace v. Commerce Bank, 40 F.3d 264, 267 (8th Cir.1995).
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