John R. Peckham and W.T. Woolum v. Board of Trustees of the International Brotherhood and Allied Trades Union and Industry National Pension Fund

SUPPLEMENTAL OPINION ON REHEARING

In its petition for rehearing the Board of Trustees for the first time raises the issue whether we have jurisdiction to consider this case. We hold that we do have authority to grant the relief ordered. We need not decide whether an employer, qua employer, may bring an action to enforce a return of contributions mistakenly paid. Compare Fenton Industries, Inc. v. National Shopmen Pension Fund, 674 F.2d 1300 (9th Cir.1982), with Crown Cork and Seal Co. v. Teamsters Pension Fund, 549 F.Supp. 307 (E.D.Pa.1982), aff’d mem. 720 F.2d 661 (3d Cir.1983). See also…