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A.F.A.B., INC. v. OLD ORCHARD BEACH

639 A.2d 103 (1994)

A.F.A.B., INC., d/b/a A.F.A.B. Construction v. TOWN OF OLD ORCHARD BEACH.

Supreme Judicial Court of Maine.

Decided March 28, 1994.

Attorney(s) appearing for the Case

Neal L. Weinstein (orally), Old Orchard Beach, for plaintiff.

David R. Ordway (orally), Ordway & Associates, Biddeford, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

CLIFFORD, Justice.

Plaintiff A.F.A.B., Inc. (AFAB) appeals from a judgment of the Superior Court (York County, Fritzsche, J.) in favor of defendant Town of Old Orchard Beach (Town). The Superior Court held that, although AFAB had proven all of the requirements of unjust enrichment against the Town, municipal immunity precludes AFAB's recovery in this case. Because we conclude that municipal immunity is not necessarily a bar to recovery for unjust enrichment...

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