JAMAIL, INC. v. CARPENTERS DIST. COUNCIL

No. 91-2084.

954 F.2d 299 (1992)

JAMAIL, INC., Plaintiff-Appellee, Cross-Appellant, v. The CARPENTERS DISTRICT COUNCIL OF HOUSTON PENSION & WELFARE TRUSTS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 25, 1992.


Attorney(s) appearing for the Case

Richard J. Davis, Jr., Pappy & Davis, Los Angeles, Cal., Douglas M. Selwyn, Pope, Shoemake, Selwyn, Aguren & Kerr, Houston, Tex., for defendant-appellant cross-appellee.

L.G. Clinton, Jr., Phyllis A. Finger, Houston, Tex., for plaintiff-appellee cross-appellant.

Before WILLIAMS, DUHÉ, and EMILIO M. GARZA, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

Jamail, Inc. brought suit for restitution of $51,434.68 in erroneously-paid contributions to multiemployer trust funds managed by the Houston District Council of Carpenters Pension Plan and The Houston District Council of Carpenters Health and Welfare Trust ("Trust Funds"). After two hearings and the filing of Agreed Stipulations of Facts, the district court recognized a federal common law right of restitution pursuant to the Employee...

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