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KELLY v. ALPSTETTEN ASSOCIATES, INC.

No. 156-71.

296 A.2d 232 (1972)

John F. KELLY v. ALPSTETTEN ASSOCIATES, INC.

Supreme Court of Vermont, Windham.

October 3, 1972.

Attorney(s) appearing for the Case

John F. Kelly, pro se. Timothy J. O'Connor, Jr., Brattleboro, of counsel.

Philip R. Rosi of Kristensen, Cummings & Price, Brattleboro, for defendant.

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

BARNEY, Justice.

After the plaintiff had appealed to this Court, but prior to the hearing on the issues raised on the merits, he interposed a motion to remand for a new hearing here. His motion was predicated on the provisions of 4 V.S.A. § 119:

"Whenever the presiding judge or the judges of a county court have begun the hearing of a cause on its merits at a stated term thereof or in vacation after a stated term, he or they may finish such hearing and...

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