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DUMAC FORESTRY SERVICES v. INTERN. BROTH. OF ELEC. WKRS.

No. 83-CV-1627.

637 F.Supp. 529 (1986)

DUMAC FORESTRY SERVICES, INC., Plaintiff, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, National Electrical Benefit Fund, Ralph A. Leigon and Robert L. Higgins, Individually and as Trustees of N.E.B.F., Defendants.

United States District Court, N.D. New York.

May 19, 1986.

Attorney(s) appearing for the Case

Willis D. Birch, Binghamton, N.Y., for plaintiff.

Blitman & King, Syracuse, N.Y. (Jules L. Smith, of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

1. Background

The plaintiff Dumac Forestry Services, Inc. (Dumac) has brought this action seeking overpayments mistakenly made to the defendant National Electrical Benefit Fund (NEBF).1 Under the terms of successive collective bargaining agreements executed by the New York State Tree Trimming and Line Clearance Contractors and Local Union No. 1249, International...

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