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CITIBANK, N.A. v. NICHOLS

No. 88-026.

559 A.2d 156 (1989)

CITIBANK, N.A. v. Richard F.F. NICHOLS, Jr., et al.

Supreme Court of Vermont.

Motion for Reargument Denied March 3, 1989.

Attorney(s) appearing for the Case

Witten, Saltonstall & Woolmington, P.C., Bennington, for plaintiff-appellant.

Herbert G. Ogden, Jr. of Harlow Liccardi & Crawford, P.C., Rutland, for defendants-appellees.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

PECK, Justice.

This action brought by plaintiff Citibank comes before the Court on interlocutory appeal under V.R.A.P. 5 from a denial of summary judgment in the superior court. The question presented for our review is whether

an order of the probate court, the appeal of which was dismissed by final order of the Superior Court, bar[s] by res judicata or collateral estoppel, re-litigation between the same parties of factual and/or legal issues that were decided...

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