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DUMAC FORESTRY SERV. v. INT. BROTH. OF ELEC. WKRS.

No. 424, Docket No. 86-7488.

814 F.2d 79 (1987)

DUMAC FORESTRY SERVICES, INC., Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, National Electrical Benefit Fund, Ralph A. Leigon and Robert L. Higgins, Individually, and as Trustees of N.E.B.F., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 12, 1987.

Attorney(s) appearing for the Case

Willis D. Birch, Binghamton, N.Y., for plaintiff-appellee.

Jules L. Smith, Syracuse, N.Y. (Donald D. Oliver, Blitman & King, Syracuse, N.Y., of counsel), for defendants-appellants.

Before NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge.

Defendants-appellants appeal from a summary judgment entered in the United States District Court for the Northern District of New York (McCurn, J.) in favor of plaintiff-appellee Dumac Forestry Services. Dumac, an employer required to make contributions on behalf of its employees to defendant-appellant National Electrical Benefit Fund, brought suit to recover overpayments erroneously made to the pension fund outside the fund's three-year refund...

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