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NUMERICA SAVINGS BANK v. MOUNTAIN LODGE INN

No. 90-446

134 N.H. 505 (1991)

NUMERICA SAVINGS BANK, F.S.B. v. THE MOUNTAIN LODGE INN, CORP. AND JOHN E. PEARSON, INTERVENOR

Supreme Court of New Hampshire.

July 26, 1991

Attorney(s) appearing for the Case

Sheehan, Phinney, Bass & Green P.A. of Manchester (Douglas G. Verge and Daniel J. Lynch on the brief, and Mr. Verge orally), for the plaintiff.

Wadleigh, Starr Peters, Dunn & Chiesa, of Manchester (Dean B. Eggert and Peter R. Chiesa on the brief, and Mr. Eggert orally), for the intervenor.

JOHNSON, J.

John E. Pearson, intervenor in a suit between Numerica Savings Bank, F.S.B. (Numerica) and the Mountain Lodge Inn, Corp. (Mountain Lodge), appeals the Superior Court's (Groff, J.) dismissal of his complaint for lack of standing, ripeness, and third party beneficiary status. We affirm.

The facts of this case are as follows. Pearson is a 50% shareholder of Mountain Lodge. On December 4, 1986, Numerica and Mountain Lodge entered into a revolving...

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