BINGHAM v. TENNEY

No. 86-367.

573 A.2d 1185 (1990)

Leonard BINGHAM v. Bruce TENNEY, Sr.

Supreme Court of Vermont.

Motion for Reargument Denied March 12, 1990.


Attorney(s) appearing for the Case

Stephen S. Ankuda and Agnes S. Hughes of Parker, Lamb & Ankuda, P.C., Springfield, for plaintiff-appellee.

Harlow Licardi & Crawford, P.C., Rutland, for defendant-appellant.

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


ALLEN, Chief Justice.

In a statutory trespass action for the alleged cutting and removal of trees, defendant appeals from the trial court's denial of his Rule 60(b) motion for relief from judgment. We reverse and remand.

The trial court granted plaintiff's motion for summary judgment. The sole ground for granting the motion was that defendant had failed to oppose the motion by affidavit and therefore had failed to raise a genuine issue as to any material fact...

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