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WHITWORTH BROS. STORAGE CO. v. CENT. STATES S.E. & S.W. AREAS PENSION FUND

No. 92-3085.

982 F.2d 1006 (1993)

WHITWORTH BROTHERS STORAGE COMPANY, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST & SOUTHWEST AREAS PENSION FUND; Board of Trustees, Central States, Southeast & Southwest Areas Pension Fund; and Executive Director, Central States, Southeast & Southwest Areas Pension Fund, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 11, 1993.

Rehearing Denied February 16, 1993.

Attorney(s) appearing for the Case

Harlan D. Karp (briefed), Eugene I. Selker (argued and briefed), Selker & Furber, Cleveland, OH, for plaintiff-appellant.

Thomas C. Nyhan, Francis J. Carey, Joan P. Simmons, William W. Leathem (argued and briefed), James D. O'Connell, Central States, Southeast & Southwest Areas Health & Welfare & Pension Funds, Rosemont, IL, for defendants-appellees.

Before: MILBURN and BATCHELDER, Circuit Judges; and CONTIE, Senior Circuit Judge.

CONTIE, Senior Circuit Judge.

Plaintiff-appellant, Whitworth Brothers Storage Company, appeals the district court's grant of summary judgment to defendants-appellees, Central States, Southeast & Southwest Areas Pension Fund; Board of Trustees, Central States, Southeast & Southwest Areas Pension Fund; and Executive Director, Central States, Southeast & Southwest Areas Pension Fund, in this action for restitution under federal common law for a refund of...

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