CORCORAN v. VILLAGE OF BENNINGTON

No. 52-68.

248 A.2d 730 (1968)

Joseph D. and Monica H. CORCORAN v. VILLAGE OF BENNINGTON et al.

Supreme Court of Vermont.

December 4, 1968.


Attorney(s) appearing for the Case

Loveland & Hackel, Rutland, for petitioners.

Milton Pinsker, Bennington, for petitionees.

Before SHANGRAW, BARNEY, SMITH and KEYSER, JJ., and LARROW, Superior Judge.


PER CURIAM.

This is a petition for mandamus. The argument in support of the demurrer filed by the defendants was based on facts and matters not pleaded. It also developed at the hearing before this Court that the plaintiffs had not joined a party concededly essential. In view of these shortcomings, the matter ought not to be disposed of in its present situation.

The demurrer is overruled, with leave to the defendants to file additional pleadings within...

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