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Defendants-appellants appeal from a summary judgment entered in the United States District Court for the Northern District of New York (McCurn, J.) in favor of plaintiff-appellee Dumac Forestry Services. Dumac, an employer required to make contributions on behalf of its employees to defendant-appellant National Electrical Benefit Fund, brought suit to recover overpayments erroneously made to the pension fund outside the fund's three-year refund limitation rule. Dumac also alleged pendent state law claims based on fraud and negligence. The district judge permitted Dumac to reduce its future payments to the fund by the amount of overpayments made outside the three-year refund period. The district judge rejected Dumac's claims for interest on the overpayments, and dismissed the pendent state law claims. The district court's opinion is reported at 637 F.Supp. 529 (N.D.N.Y.1986). Defendants appeal the district court's allowance of offsets against Dumac's future payments, and Dumac cross-appeals the district court's disallowance of interest. For the reasons set forth below, we affirm the denial of appellee's claim for interest, and we reverse and remand as to the district court's summary judgment in favor of Dumac.


814 F.2d 79 (1987)

DUMAC FORESTRY SERVICES, INC., Plaintiff-Appellee, 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-Appellants.

No. 424, Docket No. 86-7488.

United States Court of Appeals, Second Circuit.

Argued December 3, 1986.Decided March 12, 1987.New York Law School location: File #283, Box 119