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BRADY v. BRAUER

No. 85-213.

529 A.2d 159 (1987)

Robert BRADY d/b/a Robert Brady Associates v. David BRAUER and Matthew Pitoniak.

Supreme Court of Vermont.

Motion for Reargument Denied April 9, 1987.

Attorney(s) appearing for the Case

P. Scott McGee and Claude Thaddeus Buttrey, Law Clerk, Norwich, (on the brief), for plaintiff-appellee

Jon Anderson of Goldstein, Manello & Burak, Burlington, and Robert D. Cultice and Stephen M. Voltz of Goldstein & Manello, Boston, Mass., for defendant-appellant

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

BARNEY, Chief Justice (Retired), Specially Assigned.

In April, 1982, a default judgment in the amount of $38,663.62, against defendant Brauer, a nonresident, was granted based on notice by publication under V.R.C.P. 4(g). This is an appeal from a denial of a motion to set aside that judgment under the provisions of V.R.C.P. 60(b). The defendant Pitoniak was personally served in Massachusetts. In 1983 he stipulated to a judgment against himself by which he agreed to...

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