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CREWS v. CENTRAL STATES, S.E. AND S.W. AREAS PENSION FUND

No. 85-1317.

788 F.2d 332 (1986)

James P. CREWS, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1986.

Attorney(s) appearing for the Case

Otis M. Underwood, Jr. (argued), Oxford, Mich., for plaintiff-appellant.

Marci B. McIver, Charles J. Taunt (argued), Russell N. Luplow, Russell N. Luplow, P.C., Bloomfield Hills, Mich., for defendant-appellee.

Before ENGEL, CONTIE and MILBURN, Circuit Judges.

CONTIE, Circuit Judge.

James P. Crews appeals from an order of the district court dismissing, pursuant to Fed.R.Civ.P. 41(b), his complaint seeking a refund of contributions made on his behalf to defendant Central States, Southeast and Southwest Areas Pension Fund pursuant to ERISA, 29 U.S.C. § 1001 et seq., and state law. Finding that, in light of the parties' contractual limitations on recovery of mistakenly paid contributions, the Fund trustees did...

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