MEMORANDUM AND ORDER
PETTINE, Senior District Judge.
The issue is whether a defendant, who successfully interposes a defense of fraud in a breach of contract and Employee Retirement Income Security Act ("ERISA") action, is entitled to recover costs and attorney's fees.
I.
Paul Nash ("Nash"), formerly a tenured professor at Boston University ("BU"), claimed that an early retirement agreement which he signed was wrongfully rescinded by BU...
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