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LAUREL BANK AND TRUST CO. v. BURNS

398 A.2d 41 (1979)

LAUREL BANK AND TRUST COMPANY v. John BURNS.

Supreme Judicial Court of Maine.

February 26, 1979.

Attorney(s) appearing for the Case

Stitham, Clapp & Cunniff by Michael J. Cunniff (orally), Pittsfield, for plaintiff.

Vafiades, Brountas & Kominsky by Susan R. Kominsky (orally), Lewis V. Vafiades, Paine & Lynch by Martha J. Harris, Bangor, Jude & Cox by Robert E. Cox, Newport, for defendant.

Before McKUSICK, C. J., and POMEROY, WERNICK, DELAHANTY, GODFREY and NICHOLS, JJ.

NICHOLS, Justice.

Pursuant to an agreement of counsel for a docket entry, on September 26, 1977, the Superior Court in Penobscot County entered judgment against the three Defendants in this contract action. One Defendant, John Burns, on December 5, 1977, moved pursuant to M.R.Civ.P. 60(b)(1) to vacate the judgment against him. The Superior Court denied his motion. He brings his appeal here, arguing (a) that the agreement of counsel for the docket entry was executed...

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