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PILGER v. SWEENEY

No. 12-2698.

725 F.3d 922 (2013)

William PILGER; James Brown; Kerman Copeland; Craig Davey; Eugene Hall; Michael Henderson; Lawrence Luebrecht; Donald Riley; Gary Stinson; Stanley Stinson; Presley Stoneking; Garold Woodley; Ronald Wyrick Plaintiffs-Appellants v. William T. SWEENEY, Administrator for the Board of Trustees of the Plumbers and Pipefitters; Plumbers and Pipefitters National Pension Fund; Board of Trustees of the Plumbers and Pipefitters National Pension Fund, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2013.

Attorney(s) appearing for the Case

Heather L. Carlson , McDonald, Woodward & Carlson, P.C., Davenport, IA, argued, for appellants.

Francis J. Martorana , O'Donoghue & O'Donoghue LLP, Washington, DC, argued, for appellees.

Before LOKEN and GRUENDER, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

Plaintiffs are 13 retired union plumbers who were members of the former Iowa Local 212. Plaintiffs receive retirement benefits from the Plumbers and Pipefitters National Pension Fund ("PPNPF"). Defendants are the PPNPF, the PPNPF's Board of Trustees, and the Board's Administrator (collectively, "Defendants").

In 2009, Defendants realized that, for a number of years, they had paid Plaintiffs excess retirement benefits. Defendants reduced...

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