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06-1127 - Rosser v. Raytheon Excess Pension Plan


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06-1127 - Rosser v. Raytheon Excess Pension Plan
November 4, 2008
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Memorandum Opinion and Order. The Court finds that Plaintiff failed to sustain its burden to prove liability for its claims as pleaded in the complaint. Accordingly, Plaintiff's claims against Defendant are DISMISSED with prejudice. Further, the Court finds that Defendant established Plaintiff's liability on its counterclaim for breach of contract. Accordingly, Defendant is entitled to recover $142,155.20 in actual damages, and $5692.50 in attorney's fees. (see order) (Ordered by Judge Reed C O'Connor on 11/04/08) (lmp)