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INDIAN HEAD NATIONAL BANK v. COREY

No. 86-166.

129 N.H. 83 (1986)

INDIAN HEAD NATIONAL BANK v. GEORGE D. COREY & a.

Supreme Court of New Hampshire.

December 31, 1986.

Attorney(s) appearing for the Case

Sullivan, Gregg and Horton P.A., of Nashua (James L. Sullivan, Jr., on the brief and orally), for the plaintiff.

Berman, DeValerio & Pease, of Boston, Massachusetts (Norman Berman and Harry A. Garfield, II, on the brief, and Mr. Berman orally), and George D. Corey, pro se, for the defendant George D. Corey.

SOUTER, J.

The plaintiff, Indian Head National Bank, appeals an order awarding counsel fees to the defendant George D. Corey based on the express finding of the Superior Court (Goode, J.) that the bank's delay in discharging its obligations under a consent decree was "arbitrary, capricious and [in] bad faith. . . ." The bank claims that the findings do not support an award of counsel fees, and that the evidence does not support the findings. We affirm, and...

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