XAPHES v. MOWRY


478 A.2d 299 (1984)

John F. XAPHES v. David MOWRY, et al.

Supreme Judicial Court of Maine.

Decided July 11, 1984.


Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith & Lancaster by John J. O'Leary, Jr. (orally), Jeffrey D. Curtis, Portland, for plaintiff.

Drummond, Woodsum, Plimpton & MacMahon, P.A. by Jay S. Blumenkopf (orally), Thomas H. Allen, Portland, for David Mowry, J. Berkwits, and Ronald P. Stephens.

Brown, Rudnick, Freed & Gesmer by James E. McGuire (orally), Boston, Mass., Verrill & Dana by Charles Kadish, Portland, for E. R. Lewis and P. J. Kimball.

Before NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ., and DUFRESNE, A.R.J.


WATHEN, Justice.

Plaintiff John F. Xaphes appeals from two orders of the Superior Court (Cumberland County). He contends that the court erred in denying his motion for an attachment against the five named defendants, and in granting defendants' motion for a stay of the proceedings pending arbitration. We deny the appeal from the attachment order and dismiss the appeal from the order granting the stay on the basis of the final judgment rule.

Plaintiff commenced...

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