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AKINS v. FIRSTBANK, N.A.

415 A.2d 567 (1980)

Marcia E. B. AKINS v. FIRSTBANK, N.A., and John D. Robinson.

Supreme Judicial Court of Maine.

Decided June 6, 1980.

Attorney(s) appearing for the Case

Michael J. LaTorre (orally), Portland, for plaintiff.

Verrill & Dana by Charles L. Cragin (orally), Portland, for Firstbank, N.A.

Skelton, Taintor & Abbott, P.A. by John B. Cole (orally), Lewiston, for John D. Robinson.

Before WERNICK, GODFREY, GLASSMAN, JJ., and DUFRESNE and DELAHANTY, A. R. JJ.

GODFREY, Justice.

This is an appeal from a decision of the Superior Court in an action based on fraud. The presiding justice dismissed the complaint under Rule 12(b) on the ground that plaintiff was, in effect, collaterally attacking a decision of the probate court from which she had not taken an appeal within a year pursuant to 4 M.R.S.A. § 403. The plaintiff filed a timely appeal to this Court. We sustain the appeal...

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