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PEOPLES HERITAGE BANK v. CITY OF SACO

527 A.2d 320 (1987)

PEOPLES HERITAGE BANK v. CITY OF SACO.

Supreme Judicial Court of Maine.

Decided July 1, 1987.

Attorney(s) appearing for the Case

Robert Checkoway (orally), Preti, Flaherty, Beliveau & Pachios, Portland, for plaintiff.

Robert W. Bower, Norman, Hanson & Detroy, Portland, for Ronald E. Ayotte, Sr., amicus curiae.

Erland B. Hardy (orally), Woodman & Edmands, Biddeford, for defendant.

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

GLASSMAN, Justice.

The City of Saco (Saco) appeals from a summary judgment entered by the Superior Court, Cumberland County, for the Peoples Heritage Bank (Bank) holding Saco liable to the Bank on its agreement to guarantee a loan made by the Bank to U.S. Peat, Inc. (U.S. Peat). Because the record reveals that there exists a genuine issue of material fact as to authority of Saco to guarantee the loan by the Bank to U.S. Peat, we vacate the judgment.

The Bank...

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