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MITCHELL v. FLYNN

478 A.2d 1133 (1984)

James E. MITCHELL, et al. v. Patrick H. FLYNN.

Supreme Judicial Court of Maine.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Mark S. Kierstead (orally), Waterville, Jed Davis, Augusta, for plaintiffs.

Richard N. Goodwin (orally), Concord, Mass., Steven E. Cope, Portland, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

SCOLNIK, Justice.

The defendant, Patrick Flynn, was held in civil contempt by the Superior Court (Kennebec County) for failure to comply with its earlier order directing the defendant to make certain payments. Because the Superior Court erroneously imposed on the defendant the burden of proving his inability to comply with the judgment, we vacate the order of contempt.

In Mitchell v. Flynn, 460 A.2d 1375 (Me. 1983)...

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