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ERLICH v. OUELLETTE, LABONTE, ROBERGE AND ALLEN

No. 10-1160.

637 F.3d 32 (2011)

Mark ERLICH, as Chairman of the Board of Trustees of The New England Carpenters Pension Fund, Plaintiff, Appellant, v. OUELLETTE, LABONTE, ROBERGE AND ALLEN, P.A.; S.R. Thomas Actuarial Associates, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 28, 2011.

Attorney(s) appearing for the Case

James Francis Grosso , with whom O'Reilly Grosso & Gross P.C. was on brief, for appellant.

James M. Bowie , with whom Thompson & Bowie, LLP was on brief, for appellee Ouellette, Labonte, Roberge and Allen, P.A.

John D. Gleason , with whom Curtis Thaxter was on brief, for appellee S.R. Thomas Actuarial Associates, Inc.

Before LYNCH, Chief Judge, BOUDIN and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

In this diversity action, we decide when a pension fund's state-law causes of action against an auditor and an actuary accrued, thus triggering Maine's six-year statute of limitations. Me.Rev.Stat. tit. 14, § 752 (2003). The district court determined that they accrued at the time of injury and on that basis dismissed the complaints in this case as untimely. Plaintiff New England Carpenters Pension Fund (the "Fund"), invoking Maine's so...

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