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VERMONT NAT. BANK v. CLARK

No. 90-235.

588 A.2d 621 (1991)

VERMONT NATIONAL BANK v. Michael J. CLARK and Brenda D. Clark.

Supreme Court of Vermont.

February 22, 1991.

Attorney(s) appearing for the Case

Kristensen, Cummings, Murtha & Stewart, P.C., Brattleboro, for plaintiff-appellee.

Jerome I. Meyers, White River Junction, for defendants-appellants.

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

ALLEN, Chief Justice.

Defendants appeal from an order granting summary judgment to plaintiff bank in a foreclosure suit and denying defendants' motion for permission to appeal pursuant to 12 V.S.A. § 4601. We reverse and remand.

The essence of defendants' argument is that the bank wrongfully induced them to buy the business, failure of which triggered the foreclosure. Defendants had filed a tort claim of their...

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