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SNYDER v. N.H. SAVINGS BANK

No. 90-055.

134 N.H. 32 (1991)

GORDON M. SNYDER v. NEW HAMPSHIRE SAVINGS BANK & a.

Supreme Court of New Hampshire.

March 13, 1991.

Attorney(s) appearing for the Case

Howard and Gleason P.A., of Henniker (Robert R. Howard, III, on the brief and orally), for the appellant, Bio-Energy Corporation.

Gallagher, Callahan & Gartrell P.A., of Concord (Mary Ellen Kiley on the brief and orally), for the defendant New Hampshire Savings Bank.

Orr and Reno P.A., of Concord (James E. Morris on the brief and orally), for the defendant Papertech Corporation.

JOHNSON, J.

The appellant, Bio-Energy Corporation (Bio-Energy), appeals the Superior Court's (M. Flynn, J.) denial of its motion to intervene as a plaintiff in this case, an equity action to set aside a foreclosure sale for lack of proper notice. At issue is the application to lessees of RSA 479:25, II (Supp. 1990), which requires notice to certain persons of an impending foreclosure under a power of sale mortgage. We reverse the trial court's ruling that Bio...

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