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CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. WHOLESALE PRODUCE SUPPLY CO.

No. 79-1330.

611 F.2d 694 (1979)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al., Appellants, v. WHOLESALE PRODUCE SUPPLY CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1979.

Attorney(s) appearing for the Case

Ernest I. Reveal, III, Robins, Davis & Lyons, St. Paul, Minn., for appellants.

Andrew J. Eisenzimmer, Meier, Kennedy & Quinn, St. Paul, Minn., for appellee.

Before GIBSON, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Central States, Southeast and Southwest Areas Pension Fund (Pension Fund), and its individual trustees, instituted this action against Wholesale Produce Supply Co. (Wholesale) to recover sums alleged to be due to the fund as pension contributions on behalf of covered employees of Wholesale. Wholesale admitted owing the sum claimed to be due but also claimed an offset thereto resulting from earlier erroneous payments of contributions to the fund on behalf...

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