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DEPOSITORS TRUST CO. v. JOHNSON

453 A.2d 1177 (1983)

DEPOSITORS TRUST COMPANY v. Jeffrey A. JOHNSON and Millicent A. Johnson and Hyde School and Charles E. Burden and William G. Wilkoff.

Supreme Judicial Court of Maine.

Decided January 4, 1983.

Attorney(s) appearing for the Case

Locke, Campbell & Chapman, Nicholas M. Lanzilotta (orally), Augusta, for plaintiff.

Roger S. Golin (orally), Paul A. Weeks, Bath, for Burden & Wilkoff.

Perkins, Thompson, Hinckley & Keddy, Thomas Wheatley (orally), Andrew Cadot, Portland, for Hyde School.

Roger Asch, Bath, for Johnsons.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, CARTER and WATHEN, JJ.

ROBERTS, Justice.

Charles E. Burden and William G. Wilkoff, as leases of mortgaged premises, appeal from a summary judgment of foreclosure in favor of Depositors Trust Company and Hyde School entered in the Superior Court, Sagadahoc County. We need only decide the narrow issue of whether the Superior Court erred in its summary determination that appellants' lease was subordinate to Depositors' first mortgage and Hyde School...

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