SYKAS v. ALVAREZ

No. 1995.

234 A.2d 343 (1967)

William SYKAS v. Raymond ALVAREZ.

Supreme Court of Vermont. Washington.

October 3, 1967.


Attorney(s) appearing for the Case

McKee & Clewley, Montpelier, for plaintiff.

Monte & Monte, Barre, for defendant.

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


BARNEY, Justice.

The chancellor's refusal to allow damages, consisting entirely of attorneys' fees, upon dissolution of a temporary injunction granted ex parte, is the only matter at issue. In denying the motion for damages, the chancellor stated that he was, "unable to find that plaintiff was not equitably entitled to a temporary injunction at the time the injunction was granted." Rule 41 of the Court of Chancery, (12 V.S.A. App. III, R. 41), refers to the situation...

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