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BOURGEOIS v. SPRAGUE

358 A.2d 521 (1976)

John C. BOURGEOIS and Irene Bourgeois v. Harvey R. SPRAGUE and Mildred Sprague, Executrix of the Estate of Harvey R. Sprague.

Supreme Judicial Court of Maine.

June 3, 1976.

Attorney(s) appearing for the Case

Archer & Downing, by David R. Downing, Bucksport, for plaintiffs.

Jerome B. Goldsmith, Marshall Stern, Bangor, for defendants.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

PER CURIAM.

By reading the statement of facts from the briefs in this case, it is revealed that defendant Harvey Sprague died on February 4, 1971 during the pendency of this suit. Although the docket contains no notation of any motion pursuant to Rule 25(a), M.R.Civ.P., the record does show over the signature of the Justice of the Superior Court that

"Defendant's attorney suggests the death of Defendant on February 4, 1971 and that Mildred Sprague has been...

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