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McNamara v. City of Nashua, 10-1322

By FindLaw Staff on January 13, 2011 | Last updated on March 21, 2019
Action against a city for inadequate pension fund time barred

McNamara v. City of Nashua, 10-1322, concerned a plaintiff's suit against a city for inadequate pension payments, alleging violation of Fourteenth Amendment rights under 42 U.S.C. section 1983, breach of contract, breach of the covenant of good faith and fair dealing, and fraudulent inducement.

In affirming the district court's grant of the city's motion summary judgment, the court held that under New Hampshire law, the statute of limitations for both personal tort and contract actions is three years, and here, plaintiff's central problem is that he got his first pension check in August 2001, but did not commence suit until more than seven years later.

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