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PHILLIPS v. BRINK'S CO.

Case No. 2:08CV00031.

632 F.Supp.2d 563 (2009)

Harold Kenneth PHILLIPS, Plaintiff, v. The BRINK'S COMPANY, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

July 13, 2009.

Attorney(s) appearing for the Case

Richard F. Hawkins, III, The Hawkins Law Firm, PC, Richmond, VA, for Plaintiff.

Cameron S. Bell, Penn, Stuart & Eskridge, Abingdon, VA, for Defendants.

OPINION

JAMES P. JONES, Chief Judge.

In this ERISA case, the administrator of a pension plan mistakenly failed for almost seven years to deduct from the plaintiff's monthly disability benefit the value of his union pension. I hold that the administrator's interpretation of the plan allowing it to make such deductions is reasonable, but that equitable considerations now prevent it from recouping the amounts previously paid in error.

I

The...

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