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FRANK L. CIMINELLI CONST. v. BUFFALO LABORERS

No. 1501, Docket 92-7163.

976 F.2d 834 (1992)

FRANK L. CIMINELLI CONSTRUCTION CO., INC., Plaintiff-Appellant, v. BUFFALO LABORERS SUPPLEMENTAL UNEMPLOYMENT BENEFIT FUND, Buffalo Laborers Pension Fund, Buffalo Laborers Welfare Funds, and Buffalo Laborers Training Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 5, 1992.

Attorney(s) appearing for the Case

Thomas S. Gill, Saperston & Day, P.C., Buffalo, N.Y., for plaintiff-appellant.

Robert L. Boreanaz, Boreanaz Carra, & Boreanaz, Buffalo, N.Y., for defendants-appellees.

Before: CARDAMONE, WINTER and MAHONEY, Circuit Judges.

WINTER, Circuit Judge:

This appeal raises questions concerning when pension funds must repay an employer for overpayments. Appellant Frank L. Ciminelli Construction Co. ("Ciminelli") mistakenly made excess contributions to various employee pension and benefit funds and seeks to recover $32,326. The Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1103 (1988), permits the repayment of overpayments within six months after the plan's determination...

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