DOOLEY, Justice.
F.M. Burlington Company, defendant below and appellant here, moved for summary judgment in this contract action pursuant to V.R.C.P. 56. The trial court not only denied the motion but awarded summary judgment on the issue of liability to plaintiff in the action, Toys, Inc. V.R.C.P. 56(c) ("Summary judgment, when appropriate, may be rendered against the moving party."). We agree with defendant that plaintiff should not have been awarded a summary judgment...
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