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MacDOUGALL v. UNIFIED RETIREMENT PLAN

Civ. A. No. 94-10684-MEL.

878 F.Supp. 4 (1995)

Barbara MacDOUGALL, Rosamond Swain, Cornelius Harrington, William Kelley, Peter McCormick, Mark Wheeler, and M. Thomas Wilson, Plaintiffs and Counter-Defendants, individually and as representatives of a defendant class of individuals similarly situated, v. The UNIFIED RETIREMENT PLAN OF THE BANK OF NEW ENGLAND CORPORATION AND AFFILIATES, Defendant and Counter-Plaintiff.

United States District Court, D. Massachusetts.

February 16, 1995.

Attorney(s) appearing for the Case

Thomas A. Knowlton, Richard L. Alfred, Hill & Barlow, Boston, MA, for plaintiffs; Alexander W. Moore, of counsel.

Dustin F. Hecker, Posternak, Blankstein & Lund, Boston, MA, Cherie L. Krigsman, McDermott, Will & Emery, Boston, MA, Judith A. Kelley, Nancy G. Ross, McDermott, Will & Emery, Chicago, IL, for defendant.

LASKER, District Judge.

On January 6, 1991, the Comptroller of the Currency declared the Bank of New England Corporation ("BNEC") insolvent. The plaintiffs — all former employees or spouses of former employees of BNEC — are beneficiaries of two BNEC-sponsored retirement funds: BNEC's pension plan (the "Pension Plan") and a Supplemental benefit plan (the "Supplemental Plan") created by the Bank of New England...

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