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CENT. STATES HLTH./WELF. FUND v. NEUROBEHAV. ASSOC.

No. 94-3277.

53 F.3d 172 (1995)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, Plaintiff-Appellant, v. NEUROBEHAVIORAL ASSOCIATES, P.A., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 18, 1995.

Attorney(s) appearing for the Case

Thomas C. Nyhan, Cent. States, Southeast & Southwest Areas Pension Fund Law Dept., Rosemont, IL, James D. O'Connell and William W. Leathem (argued), Cent. States, Southeast and Southwest Areas Health and Welfare Fund, Des Plaines, IL, for plaintiff-appellant.

John Cassidy, Neurobehavioral Associates, P.A., Houston, TX, for defendant-appellee.

Before BAUER and COFFEY, Circuit Judges, and CRABB, District Judge.

BAUER, Circuit Judge.

Presented for our review in this case is the question of whether an action which seeks to recover an overpayment of benefits under a multiemployer benefits plan falls under the auspices of the Employee Retirement Income Security Act of 1974 (ERISA). 29 U.S.C. § 1001 et seq. In his capacity as trustee of the Central States, Southeast and Southwest Areas Health and Welfare Fund ("Central States"),...

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