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LABORER'S DIST. COUNCIL PENSION FUND v. REGAN

Civil No. 05-cv-144-SM.

474 F.Supp.2d 279 (2007)

LABORER'S DISTRICT COUNCIL PENSION FUND FOR BALTIMORE AND VICINITY; and James L. Fisher, Trustee, Plaintiffs v. Daniel J. REGAN, Defendant.

United States District Court, D. New Hampshire.

February 20, 2007.

Attorney(s) appearing for the Case

William D. Pandolph, Sulloway & Hollis, Concord, NH, for Plaintiffs.

Janine Gawryl, Gawryl & MacAllister, Nashua, NH, for Defendant.

ORDER

McAULIFFE, Chief Judge.

Laborers' District Council Pension Fund for Baltimore and Vicinity ("Laborers" or "the Fund"), and its trustee, James L. Fisher, bring this suit against Daniel J. Regan to recover pension benefits paid to Regan, but to which he was allegedly not entitled. Count I is based upon a restitution theory of recovery and Count II on unjust enrichment.

Laborers' moves for summary judgment. For the reasons set forth below...

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