MARCUCCI v. HARDY

Nos. 94-2290, 95-1005.

65 F.3d 986 (1995)

Mark A. MARCUCCI, Plaintiff, Appellee, v. Marion J. HARDY, Defendant, Appellant. Mark A. MARCUCCI, Plaintiff, Appellant, v. Marion J. HARDY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

September 20, 1995.


Attorney(s) appearing for the Case

John R. Harrington, with whom David F. Conley and Sulloway & Hollis were on brief, Concord, NH, for defendant.

Charles A. Szypszak, with whom Laura E. Tobin and Orr and Reno, P.A. were on brief, Concord, NH, for plaintiff.

SELYA, CYR and BOUDIN, Circuit Judges.


CYR, Circuit Judge.

Mark A. Marcucci initiated this diversity action in the United States District Court for the District of New Hampshire in December 1993, alleging that his daughter, Marion J. Hardy, had appropriated to her own use approximately $550,000 held in trust for Marcucci. Following a bench trial, the district court imposed a constructive trust on the proceeds Hardy received from the sale of the Marcucci homestead and awarded $36,097.54 in attorney fees...

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