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GOOD WILL HOME ASSOCIATION v. ERWIN

266 A.2d 218 (1970)

GOOD WILL HOME ASSOCIATION v. James S. ERWIN, as Attorney General of the State of Maine.

Supreme Judicial Court of Maine.

June 17, 1970.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen & McKusick, by Vincent L. McKusick, and Peter L. Murray, Portland, for plaintiff.

Warren E. Winslow, Jr., Garth K. Chandler, Asst. Attys. Gen., Augusta, for defendant.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, WEATHERBEE and POMEROY, JJ.

POMEROY, Justice.

This Petition for Declaratory Judgment was filed in the Superior Court, Kennebec County. That Court by agreement of counsel, then reported the cause pursuant to Rule 72 M.R.Civ.P.

Paragraph 6 of the Complaint alleges:

"In October, 1968, the Defendant informed the Plaintiff Association that he considered that its operation of The Hinckley School was ultra vires in that it was beyond, and not in conformity with, the corporate...

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