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LOUISA T. YORK ORPHAN ASYLUM v. ERWIN

281 A.2d 453 (1971)

LOUISA T. YORK ORPHAN ASYLUM v. James S. ERWIN et al.

Supreme Judicial Court of Maine.

September 28, 1971.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen & McKusick by Vincent L. McKusick, Peter L. Murray, Portland, Nixon & Corson by Milton A. Nixon, Yarmouth, for plaintiff.

Jerome S. Matus, Asst. Atty. Gen., Augusta, Drummond, Wescott & Woodsum by Hugh G. E. MacMahon, David Plimpton, Portland, for Maine Nat. Bank.

William Cohen, Lewiston, for Francis Coombs and Michael McDonough.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.

WEATHERBEE, Justice.

This action for a declaratory judgment is before us on report by agreement of the parties pursuant to M.R.C.P. Rule 72(a). The Plaintiff, the Louisa T. York Orphan Asylum, asks the Court:

"1. To enter its declaratory judgment that the charitable purposes of the Plaintiff corporation encompass (i) the aiding of other charitable agencies and institutions in their work of supporting, maintaining, instructing or employing children, and (ii...

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