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MALLORY v. CITIZENS UTILITIES COMPANY

No. 366, Docket 29006.

342 F.2d 796 (1965)

Elsinor Prouty MALLORY, Plaintiff-Appellee, v. CITIZENS UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 12, 1965.

Attorney(s) appearing for the Case

Frederick J. Fayette, Burlington, Vt. (Kenneth P. Akey, Burlington, Vt., on the brief), for plaintiff-appellee.

Milton S. Gould, New York City, Clifton G. Parker, Morrisville, Vt. (Shea, Gallop, Climenko & Gould, and Norman Solovay, New York City, on the brief), for defendant-appellant.

Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

In 1962, and for a number of years prior thereto, litigation had been carried on both in the courts of the State of Vermont and in the United States District Court for the District of Vermont between Charles T. Prouty, et al. (referred to as the Prouty heirs, including Elsinor Prouty Mallory, the appellee), and Citizens Utilities Co., the appellant (referred to as the Utilities Co.), concerning the acquisition of a large tract of land on both...

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