CANAL NAT. BANK v. BECKER


431 A.2d 71 (1981)

CANAL NATIONAL BANK v. Ralph BECKER and Sylvia Becker and First Federal Savings & Loan Association of Bath and Casco Bank & Trust Company.

Supreme Judicial Court of Maine.

Decided July 3, 1981.


Attorney(s) appearing for the Case

Jensen, Baird, Gardner & Henry, Michael A. Nelson (orally), Donald Kopp, Portland, for plaintiff.

Fitzgerald, Donovan, Conley & Day, Mark L. Haley, Constance P. O'Neil (orally), Bath, for Becker.

Thompson, Willard & McNaboe, James P. Lansing, Portland, for Casco Bank.

Roger Theriault, Bath, for First Federal.

Before McKUSICK, C. J., and WERNICK, GODFREY, GLASSMAN, and CARTER, JJ.


CARTER, Justice.

The Superior Court (Sagadahoc County) granted partial summary judgment to Canal National Bank (Canal) against Ralph and Sylvia Becker, ordering foreclosure of Canal's mortgage and sale of part of the real estate covered by the mortgage.1 Final judgment was entered pursuant to M.R.Civ.P. 54(b).2 Because we find that there are genuine issues of material fact in dispute, we vacate the judgment...

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