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MORRISSEAU v. ESTATE OF FAYETTE

No. 87-493.

584 A.2d 1119 (1990)

Dennis MORRISSEAU v. ESTATE OF Frederick FAYETTE.

Supreme Court of Vermont.

Motion for Reargument Denied November 29, 1990.

Attorney(s) appearing for the Case

Samuelson, Portnow & Little, P.C., Burlington, for plaintiff-appellant.

Paul, Frank & Collins, Inc., Burlington, for defendants-appellees.

Before PECK, DOOLEY and MORSE, JJ., BARNEY, C.J. (Ret.), and SPRINGER, District Judge (Ret.), Specially Assigned.

DOOLEY, Justice.

Plaintiff brought this action for declaratory judgment and specific performance of a contract to purchase Juniper Island in Lake Champlain, a property held by a group of eleven heirs as tenants in common. The trial court dismissed his complaint on two grounds. The first is procedural: plaintiff failed to comply with the time limits of V.R.C.P. 3 in serving process on several named defendants in the lawsuit, and never requested an enlargement of time...

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