TEAMSTERS LOCAL 639, ETC. v. CASSIDY TRUCKING, INC.

Nos. 79-1448, 79-1449.

646 F.2d 865 (1981)

TEAMSTERS LOCAL 639-EMPLOYERS HEALTH TRUST, Appellant, v. CASSIDY TRUCKING, INC., Appellee. TEAMSTERS LOCAL 639-EMPLOYERS HEALTH TRUST, Appellee, v. CASSIDY TRUCKING, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1981.


Attorney(s) appearing for the Case

Daniel B. Edelman, Washington, D. C. (Charles R. Both, Yaklonski, Both & Edelman, Washington, D. C., on brief), for appellant.

Joel I. Keiler, Washington, D. C., for appellee.

Before WINTER and BUTZNER, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.


HOUCK, District Judge:

The Teamsters Local 639-Employers Health Trust (hereinafter referred to as the Trust) has appealed the district court's determination that Cassidy Trucking Company (hereinafter referred to as Cassidy) is entitled, under 29 U.S.C. § 1103(c)(2)(A), to a return of $4,483.44 paid into the Trust by Cassidy under a mistake of fact. Because we believe the district court misinterpreted the applicable statutory provisions, we reverse and remand...

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