District Court, S.D. Texas December 4, 1990, Civ. A. No. H-88-1877 (Jamail, Inc. v. Carpenters District Council of Houston Pension & Welfare Trusts)

OPINION ON SUMMARY JUDGMENT

HUGHES, District Judge.

1. Introduction.

This case was submitted to the court on a stipulated record and cross motions for summary judgment. The question is: Does an employer have a right of restitution for an employer’s overpayment to an ERISA plan? Although no action is available directly under ERISA, the federal common law of restitution applies.