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EAST DERRY FIRE PRECINCT v. NADEAU

No. 2005-855.

924 A.2d 390 (2007)

EAST DERRY FIRE PRECINCT v. John R. NADEAU and another. John R. Nadeau v. East Derry Fire Precinct.

Supreme Court of New Hampshire.

Opinion Issued: May 11, 2007.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, of Manchester (Andru H. Volinsky and Dawnangela Minton on the brief, and Mr. Volinsky orally), for the plaintiff, East Derry Fire Precinct.

Cook & Molan, P.A., of Concord (Glenn R. Milner on the brief and orally), for defendant John R. Nadeau.

DALIANIS, J.

Defendant John R. Nadeau appeals an order of the Superior Court (McHugh, J.) rescinding his employment separation agreement with the plaintiff, East Derry Fire Precinct (EDFP), finding him liable for repayment of a wrongfully distributed severance payment, and ruling that he was not entitled to indemnification. We affirm.

The trial court found the following facts: Nadeau was the chief of the EDFP, an independent municipal district governed...

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