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H. P. HOOD & SONS v. HEINS

No. 310.

205 A.2d 561 (1964)

H. P. HOOD & SONS v. John HEINS, Mrs. A. S. Hill, L. W. Howe, F.R. O'Brien, J. A. and W. A. Sutton, U. A. Wheelock, M. Keith Wright and E. H. Chittenden.

Supreme Court of Vermont. Chittenden.

December 1, 1964.

Attorney(s) appearing for the Case

Ryan, Smith & Carbine, Rutland, for plaintiff.

Latham & Eastman, Burlington, for defendants.

Before HOLDEN, C.J., SHANGRAW, BARNEY and SMITH, JJ., and HILL, Superior Judge.

HOLDEN, Chief Justice.

The plaintiff, H. P. Hood & Sons, has invoked equity jurisdiction to obtain declaratory relief from an agreement it made with the several defendants, or their predecessors. The case was submitted on an agreed statement of facts which include the context of the undertaking which the plaintiff seeks to have declared null and void.

The contract is dated March 13, 1945. The plaintiff, a Massachusetts corporation,

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