NOLAN, J.
In a verified complaint, the plaintiffs sought injunctive relief, an accounting, declaratory judgment and damages for restitution, money had and received, return of assessments, and "distribution of surplus from a common fund for mutual insurance." The defendant filed a motion for summary judgment as to count 1 which is a claim on the share insurance fund (fund) based on St. 1934, c. 73, § 9.
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