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YYY CORP. v. GAZDA

No. 98-077.

145 N.H. 53 (2000)

YYY CORPORATION v. RICHARD AND EVERETTE GAZDA

Supreme Court of New Hampshire.

April 7, 2000.

Attorney(s) appearing for the Case

Beliveau & Fradette, P.A., of Manchester (Clifford P. Gallant, Jr. on the brief and orally), for the plaintiff.

Boynton, Waldron, Doleac, Woodman & Scott, P.A., of Portsmouth (Charles B. Doleac and Benjamin T. King on the brief, and Mr. King orally), for the defendants.

Kathleen V. Gunning, of Washington, D.C., and T. David Plourde, assistant United States Attorney, of Concord, for the Federal Deposit Insurance Corporation, as amicus curiae.

BROCK, C.J.

The defendants, Richard and Everette Gazda, appeal the Superior Court's (Lynn, J.) grant of summary judgment in favor of the plaintiff, YYY Corporation, enforcing an obligation under a promissory note dated August 22, 1985. The plaintiff cross-appeals from the trial court's ruling barring it from enforcing a second promissory note dated April 1, 1987, against the defendants. We affirm in part, reverse in part, and remand.

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