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NASH v. TRUSTEES OF BOSTON UNIVERSITY

No. 90-1728.

946 F.2d 960 (1991)

Paul NASH, Plaintiff, Appellant, v. TRUSTEES OF BOSTON UNIVERSITY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 15, 1991.

Attorney(s) appearing for the Case

Steven E. Snow with whom Partridge, Snow & Hahn, Providence, R.I., were on brief, for plaintiff-appellant.

Dennis C. Hart with whom Office of the General Counsel, Boston University, Boston, Mass., was on brief, for defendant, appellee.

Before BREYER, Chief Judge, CAMPBELL and CYR, Circuit Judges.

CYR, Circuit Judge.

Paul Nash, formerly a tenured professor at Boston University (otherwise: "BU"), appeals the dismissal of his complaint for breach of contract and for violation of the Employee Retirement Income Security Act ("ERISA"). The district court determined that since Nash fraudulently induced BU to enter into their so-called early retirement agreement (otherwise: "agreement") the agreement is subject to rescission and, assumedly, the ERISA claim is mooted...

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