Legal Opinion
Laborer's District Council Pension Fund for Baltimore & Vicinity v. Regan
District Court, D. New Hampshire
Decided February 20, 2007No. 1:05-cr-00144PublishedCited by 2 opinions
1Opinion of the Court
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, Laborers’ motion is denied.
The Legal Standard
Summary judgment is appropriate when the record demonstrates “that there is no genuine issue as to any…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
- Vincent DeNOVELLIS, Plaintiff, Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant, AppelleeCourt of Appeals for the First Circuit · 1997
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3Cited by2 opinions
- Blue Cross & Blue Shield v. KorsenDistrict Court, D. Rhode Island · 2013
- Laborer’s Pension v. Regan, et al.District Court, D. New Hampshire · 2007