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FOX v. McLAIN

No. 387-81.

451 A.2d 1122 (1982)

Phyllis A. FOX v. Chester C. McLAIN.

Supreme Court of Vermont.

September 7, 1982.

Attorney(s) appearing for the Case

James C. Gallagher of Downs, Rachlin & Martin, St. Johnsbury, for plaintiff-appellee.

Sten Lium, St. Johnsbury, for defendant-appellant.

Before BARNEY, C.J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

PECK, Justice.

This is an action by plaintiff Phyllis Fox, the owner of approximately 200 acres of land in Maidstone, Vermont, against defendant Chester McLain seeking treble damages under 13 V.S.A. § 3606 for the unlawful cutting of timber on that property. Trial was held on April 13 and 15, 1981, and the Essex Superior Court, sitting without jury, awarded plaintiff single damages, including costs, in the amount of...

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