Dumac Forestry Serv. v. INT. BROTH. OF ELEC. WKRS., 814 F. 2d 79 (1987)

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\u27s 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\u27s claims for interest on the overpayments, and dismissed the pendent state law claims. The district court\u27s opinion is reported at 637 F.Supp. 529 (N.D.N.Y.1986). Defendants appeal the district court\u27s allowance of offsets against Dumac\u27s future payments, and Dumac cross-appeals the district court\u27s disallowance of interest. For the reasons set forth below, we affirm the denial of appellee\u27s claim for interest, and we reverse and remand as to the district court\u27s summary judgment in favor of Dumac