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TOWN OF WOLCOTT v. BEHREND

No. 84-227.

519 A.2d 1156 (1986)

TOWN OF WOLCOTT v. Weldon A. BEHREND, Anne H. Behrend, Robert Davis & Richard Gutzmann.

Supreme Court of Vermont.

November 14, 1986.

Attorney(s) appearing for the Case

Sargent & White, Morrisville, for plaintiff-appellant.

Robert W. Davis of Chimileski & Associates, Newport, for defendants-appellees.

Before ALLEN, C.J., and HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

HILL, Justice.

Plaintiff-appellant Town of Wolcott brought this action seeking treble damages against all defendants under 13 V.S.A. § 3606 for the unlawful cutting of timber on property owned by the town. The town alleged that the wrongful cutting had taken place on two different occasions—once in 1979 and once in 1980. The Behrends were the only defendants who answered the complaint.1 Trial was before the court, and it found...

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