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MAINE BONDING & CAS. CO. v. MAHONEY

392 A.2d 16 (1978)

MAINE BONDING & CASUALTY COMPANY v. Lawrence P. MAHONEY et al.

Supreme Judicial Court of Maine.

September 29, 1978.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith & Lancaster by Everett P. Ingalls (orally), Ralph I. Lancaster, Jr., Jotham D. Pierce, Jr., Portland, for plaintiff.

Hewes, Culley & Feehan by Peter W. Culley (orally), George W. Beals, S. Peter Mills, III, Portland, for defendants.

Berman, Berman & Simmons, P.A. by Paul F. Macri (orally), Jack H. Simmons, Lewiston, for Lawrence P. Mahoney.

Before POMEROY, WERNICK, ARCHIBALD and GODFREY, JJ., and DUFRESNE, A. R. J.

ARCHIBALD, Justice.

Maine Bonding and Casualty Company (Company) instituted an action alleging negligence in the form of professional malpractice against the defendant attorneys at law. Defendants answered and filed motions, supported by affidavits, to dismiss for failure of the Company to state a claim upon which relief could be granted. The court, under Rule 12(b), M.R.Civ.P., treated the motions as if for summary judgment under Rule 56(b), M.R.Civ.P., and granted...

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