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Central States, S.E., v. Wholesale Produce

United States Court of Appeals, Eighth Circuit
Nov 29, 1979
611 F.2d 694 (8th Cir. 1979)

Summary

finding mistake of fact where employer/contributor made contributions on behalf of an ineligible employee due to a clerical error

Summary of this case from British Motor Car v. San Francisco Auto

Opinion

No. 79-1330.

Submitted November 9, 1979.

Decided November 29, 1979.

Ernest I. Reveal, III, Robins, Davis Lyons, St. Paul, Minn., for appellants.

Andrew J. Eisenzimmer, Meier, Kennedy Quinn, St. Paul, Minn., for appellee.

Appeal from the United States District Court for the District of Minnesota.

Before GIBSON, Chief Judge, and ROSS and STEPHENSON, Circuit Judges.


Central States, Southeast and Southwest Areas Pension Fund (Pension Fund), and its individual trustees, instituted this action against Wholesale Produce Supply Co. (Wholesale) to recover sums alleged to be due to the fund as pension contributions on behalf of covered employees of Wholesale. Wholesale admitted owing the sum claimed to be due but also claimed an offset thereto resulting from earlier erroneous payments of contributions to the fund on behalf of an ineligible employee.

The district court, the Honorable Donald D. Alsop, permitted a partial offset based on his interpretation of 29 U.S.C. § 1103(c)(1)-(2)(A), and 29 U.S.C. § 1144(b)(1), two sections of the Employee Retirement Income Security Act of 1974. Judgment was entered on behalf of Pension Fund in the sum of $1,171.50, plus interest, and Pension Fund appealed, claiming that no part of the offset claimed by Wholesale should have been allowed.

We have carefully studied the record, including the trial court's opinion, the briefs and the arguments of the parties to this action. We find no merit to appellants' arguments, and accordingly affirm pursuant to Rule 14 of the Rules of this court on the basis of Judge Alsop's opinion. Central States, Southeast and Southwest Areas Pension Fund, et al. v. Wholesale Produce and Supply Co., 478 F. Supp. 884 (D.Minn. 1979). The costs will be paid by appellants.


Summaries of

Central States, S.E., v. Wholesale Produce

United States Court of Appeals, Eighth Circuit
Nov 29, 1979
611 F.2d 694 (8th Cir. 1979)

finding mistake of fact where employer/contributor made contributions on behalf of an ineligible employee due to a clerical error

Summary of this case from British Motor Car v. San Francisco Auto
Case details for

Central States, S.E., v. Wholesale Produce

Case Details

Full title:CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, ET AL.…

Court:United States Court of Appeals, Eighth Circuit

Date published: Nov 29, 1979

Citations

611 F.2d 694 (8th Cir. 1979)

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