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AIRCO INDUS. GASES v. TEAMSTERS PENSION TR. FUND

Civ. A. No. 84-123 MMS.

668 F.Supp. 893 (1987)

AIRCO INDUSTRIAL GASES, INC., Plaintiff, v. TEAMSTERS PENSION TRUST FUND OF PHILADELPHIA AND VICINITY, Defendant.

United States District Court, D. Delaware.

August 28, 1987.

Attorney(s) appearing for the Case

Stanley William Balick, Wilmington, Del., for plaintiff; Robert J. Bray, Jr. and Stephen M. McManus of Robert J. Bray & Associates, Philadelphia, Pa., of counsel.

Francis J. Trzuskowski of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., for defendant.

OPINION

MURRAY M. SCHWARTZ, Chief Judge.

Airco Industrial Gases, Inc. ("Airco") has brought suit for restitution of over-payments made on behalf of two employees to the Teamsters Pension Trust Fund of Philadelphia and Vicinity ("Fund"). Plaintiff originally brought this action under the Labor Management Relations Act, the Employee Retirement Income Security Act of 1974 ("ERISA"), and the state common law of unjust enrichment. The Court dismissed those claims...

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