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BASCOM CONSTRUCTION v. CITY BANK AND TRUST

No. 88-281.

137 N.H. 472 (1993)

BASCOM CONSTRUCTION, INC. v. CITY BANK AND TRUST

Supreme Court of New Hampshire.

July 30, 1993.

Attorney(s) appearing for the Case

Buckley and Zopf, of Claremont (Michael A. Fuerst on the brief and orally), for the plaintiff.

Clauson, Smith & Whelan, of Hanover (K. William Clauson on the brief and orally), for the defendant.

Stark & Peltonen, of Manchester (Rodney L. Stark on the brief), by brief for Associated Builders and Contractors, Inc., as amicus curiae.

Gallagher, Callahan & Gartrell, P.A., of Concord (Steven J. McAuliffe and Anne L. Scheer on the brief), by brief for New Hampshire Bankers Association, as amicus curiae.

BATCHELDER, J.

The plaintiff, Bascom Construction, Inc. (Bascom), appeals from a decision of the Superior Court (DiClerico, J.), approving the report of a Master (R. Peter Shapiro, Esq.). The report found that Bascom, as a mechanic's lienholder, lacked standing to challenge the sufficiency of the price obtained by the defendant, City Bank and Trust (City Bank), at a foreclosure sale. City Bank cross-appeals, arguing that a separate nonconstruction loan...

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