DIME COAL CO., INC. v. COMBS

No. 85-7758.

796 F.2d 394 (1986)

DIME COAL COMPANY, INC., Plaintiff-Appellee, v. Harrison COMBS, John J. O'Connell, and Paul R. Dean, as Trustees of the United Mine Workers of America Health and Retirement Funds, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 11, 1986.


Attorney(s) appearing for the Case

Patrick K. Nakamura, Birmingham, Ala., for defendants-appellants.

William F. Hanrahan, Catherine H. Mitchell, Gerald E. Cole, Jr., United Mine Workers of America Health and Retirement Funds, Washington, D.C., for Harrison Combs.

Susan B. Mitchell, Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, Ala., for plaintiff-appellee.

Before HILL, Circuit Judge, HENDERSON, Senior Circuit Judge, and LYNNE, Senior District Judge.


HILL, Circuit Judge:

In this case we address the question whether there exists in section 403(c)(2)(A)(ii) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1103(c)(2)(A)(ii) (1982), which authorizes the trustees of a multiemployer employee welfare or pension benefit plan to refund mistaken overpayments by an employer within six months after the discovery by the plan administrator of the mistake, an implied private right of action...

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