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MARBLE BANK v. HEATON

No. 92-375.

624 A.2d 365 (1993)

MARBLE BANK v. Jack HEATON, Frank Punderson, Jr., and Gerald P. Cantini and Francis W. Murphy, Trustees of the Jack Heaton Trust.

Supreme Court of Vermont.

March 26, 1993.

Attorney(s) appearing for the Case

Timothy Martin of Carroll, George & Pratt, Rutland, for plaintiff-appellee.

Clarke A. Gravel and Dennis R. Pearson of Gravel and Shea, Burlington, for defendants-appellants.

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

DOOLEY, Justice.

The trustees of the Jack Heaton Trust appeal from an order of the Rutland Superior Court requiring them to pay a judgment held by plaintiff Marble Bank against defendants Jack Heaton and Frank Punderson. We reverse and remand.

On May 29, 1991, plaintiff obtained a judgment against defendants Heaton and Punderson in the amount of $69,019, based on a loan guaranty made by defendants on behalf of H.P...

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