Legal Opinion
Dime Coal Co. v. Combs
Court of Appeals for the Eleventh Circuit
Decided August 11, 1986No. 85-7758PublishedCited by 36 opinions
1Opinion of the Court
HILL, Circuit Judge:
In this case we address the question whether there exists in section 403(c)(2)(A)(ii) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1103(c)(2)(A)(ii) (1982), which authorizes the trustees of a multiemployer employee welfare or pension benefit plan to refund mistaken overpayments by an employer within six months after the discovery by the plan administrator of the mistake, an implied private right of action in favor of employers to recover mistaken contributions that are being wrongfully withheld by the plan’s trustees. The district court…
2Cases cited28 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Bell v. HoodSupreme Court of the United States · 1946
- Cort v. AshSupreme Court of the United States · 1975
- Hagans v. LavineSupreme Court of the United States · 1974
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
23 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Susan Cripps, Defendant-Cross-Claimant-Appellant v. Life Insurance Company of North America, Plaintiff-Cross-Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- Provident Life & Accident Insurance Company v. Mary J. Waller, Provident Life & Accident Insurance Company v. Mary J. WallerCourt of Appeals for the Fourth Circuit · 1990
- George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
- Blue Cross & Blue Shield v. SandersCourt of Appeals for the Eleventh Circuit · 1998
- Marshall County Board of Education v. Marshall County Gas DistrictCourt of Appeals for the Eleventh Circuit · 1993
31 more not listed; retrieve them via the Exa API.