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IN RE ESTATE OF PETERS

Nos. 99-154, 99-258.

765 A.2d 468 (2000)

In re ESTATE OF Cheryl PETERS. (Carroll Peters, Appellant).

Supreme Court of Vermont.

Motion for Reargument Denied November 28, 2000.

Attorney(s) appearing for the Case

Kurt M. Hughes of Murdoch & Hughes, Burlington, for Plaintiff-Appellee.

Charles S. Martin of Martin & Associates, Barre, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

AMESTOY, C.J.

Defendant Carroll Peters appeals from a Lamoille Superior Court jury verdict for plaintiff in a civil action for a sexual battery he allegedly committed against Cheryl Peters. Defendant raises six arguments on appeal: (1) the action is barred by the statute of limitations; (2) in a tort action for battery between spouses, a finding that consent to sexual intercourse has been withdrawn is a prerequisite to liability; (3) the trial court erred by allowing...

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