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ST. AGATHA FEDERAL CREDIT v. OUELLETTE

722 A.2d 858 (1998)

1998 ME 279

ST. AGATHA FEDERAL CREDIT UNION v. Robert J. OUELLETTE et al.

Supreme Judicial Court of Maine.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Daniel L. Cummings, Norman, Hanson & DeTroy, Portland, for plaintiff.

Richard D. Solman, Solman & Hunter, P.A., Caribou, for Northern Maine Development Commission.

William J. Smith, Van Buren, for Robert & Theresa Ouellette.

Michael S. Haenn, Bangor, for Key Bank.

Hugh S. Kirkpatrick, Caribou, for Aroostook County Fed. Savings & Loan Ass'n.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, SAUFLEY, ALEXANDER and CALKINS, JJ.

CLIFFORD, J.

[¶ 1] St. Agatha Federal Credit Union (St.Agatha) appeals from the summary judgment entered in the District Court (Madawaska, Daigle, J.) in favor of Robert and Theresa Ouellette. St. Agatha contends that the District Court erred in concluding as a matter of law that the 1988 mortgage, pursuant to which this foreclosure action was commenced, did not secure the 1994 note. Because a genuine issue of material fact exists as to the intent of the...

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