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  5. 752 F.Supp. 741 (1990)
 

JAMAIL, INC. v. CARPENTERS DIST. COUNCIL

Civ. A. No. H-88-1877.

752 F.Supp. 741 (1990)

JAMAIL, INC., Plaintiff, v. The CARPENTERS DISTRICT COUNCIL OF HOUSTON PENSION AND WELFARE TRUSTS, Defendants.

United States District Court, S.D. Texas.

December 4, 1990.

Attorney(s) appearing for the Case

L.G. Clinton, Jr., Houston, Tex., for plaintiff.

Richard J. Davis, Los Angeles, Cal., for defendants.

OPINION ON SUMMARY JUDGMENT

HUGHES, District Judge.

1. Introduction.

This case was submitted to the court on a stipulated record and cross motions for summary judgment. The question is: Does an employer have a right of restitution for an employer's overpayment to an ERISA plan? Although no action is available directly under ERISA, the federal common law of restitution applies. Jamail will be awarded the overpayment.

2. Facts...

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