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AIRCO INDUS. GASES, INC. v. TEAMSTERS HEALTH AND WELFARE PENSION F. OF PHILADELPHIA AND VICINITY

No. 87-3642.

850 F.2d 1028 (1988)

AIRCO INDUSTRIAL GASES, INC. DIVISION OF THE BOC GROUP, INC., Appellant, v. The TEAMSTERS HEALTH AND WELFARE PENSION FUND OF PHILADELPHIA AND VICINITY, Pension Trust Fund of Philadelphia and Vicinity.

United States Court of Appeals, Third Circuit.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Robert J. Bray, Jr. (argued), Stephen M. McManus, Robert J. Bray & Associates, Philadelphia, Pa., for appellant.

Francis J. Trzuskowski (argued), Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., for appellees.

Before SEITZ, HIGGINBOTHAM and COWEN, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Circuit Judge.

This appeal concerns an employer's suit to recover nearly seven years worth of erroneous overpayments to a multiemployer employee benefit plan. On cross-motions for summary judgment, the district court held that the plaintiff-employer had a federal common law cause of action to recover the overpayments, in the nature of an equitable action for unjust...

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