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PETERBORO TOOL CO., INC. v. PEOPLE'S UNITED BANK

Case No. 11-cv-437-PB.

848 F.Supp.2d 164 (2012)

2012 DNH 026

PETERBORO TOOL CO., INC. PROFIT SHARING PLAN & TRUST v. PEOPLE'S UNITED BANK, Successor in Interest to Flagship Bank & Trust.

United States District Court, D. New Hampshire.

January 31, 2012.

Attorney(s) appearing for the Case

David W. Rayment , Mark Sutherland Derby , William B. Pribis , Cleveland Waters & Bass PA, Concord, NH, for Peterboro Tool Company, Inc. Profit Sharing Plan and Trust.

David E. Barry , Pierce Atwood LLP, Portland, ME, Michele E. Kenney , Pierce Atwood LLP, Portsmouth, NH, for People's United Bank, Successor In Interest to Flagship Bank and Trust.

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

Between 2007 and 2009, the fiduciary for the Peterboro Tool Co, Inc. Profit Sharing Plan and Trust ("the Plan") stole nearly $250,000 from the Plan's money market account at People's United Bank, successor in interest to Flagship Bank and Trust (collectively "the Bank"). The Plan brings suit against the Bank, asserting that the Bank should have detected its fiduciary's suspicious withdrawals and...

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