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AVERY v. BENDER

No. 1043.

204 A.2d 314 (1964)

Albert G. AVERY v. Emilie B. BENDER, Katharine A. Feuerlicht et al.

Supreme Court of Vermont. Rutland.

Rehearing Denied October 22, 1964.

Attorney(s) appearing for the Case

Bernard R. Dick, Rutland, and Ronald O. Dederick, New York City, for plaintiff.

Edwin W. Lawrence, Rutland, and Robert W. Owens, Jr., New York City, for defendant.

Bishop & Jeffords, Rutland, for Administrator C.T.A.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and SYLVESTER, JJ.

BARNEY, Justice.

Two questions are before us in this appeal:

1. Did the trial court, as a matter of law, err in granting the motion of defendant Arthur B. Crowley, Administrator c. t. a. of the Estate of Josephine Gray Avery, to dismiss the action as to him? 2. Did the trial court, as a matter of law, err in granting the motion to vacate service of process and dismiss proceedings as to Emilie B. Bender and Katharine A. Feuerlicht, individually and...

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