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STATE v. CUSTOM POOLS

No. 86-079.

556 A.2d 72 (1988)

STATE of Vermont v. CUSTOM POOLS, Chemical Bank and Gramatan Home Investors.

Supreme Court of Vermont.

November 18, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Denise R. Johnson and Susan M. Sussman, Asst. Attys. Gen., Montpelier, for plaintiff-appellant.

Robert S. DiPalma of Paul, Frank & Collins, Inc., Burlington, for defendant-appellee, Gramatan.

Spencer R. Knapp and George A. Holoch, Jr. of Dinse, Erdmann & Clapp, Burlington, for defendant-appellee, Chemical Bank.

Present DOOLEY and MAHADY, JJ., and BARNEY, C.J. (Ret.), KEYSER, J. (Ret.), and Springer, District Judge (Ret.), Specially Assigned.

MAHADY, Justice.

This appeal, brought by the State of Vermont, requires us to determine the authority of the Attorney General to proceed under the Consumer Fraud Act, 9 V.S.A. § 2451 et seq., against the holders of notes and mortgages obtained by their assignor in violation of the Act. The trial court found no such authority. We disagree and reverse.

I.

Defendant, Custom Pools, Inc., ("Custom") engaged in the business of the home solicitation...

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