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STATE v. HOMESIDE LENDING, INC.

No. 99-265.

826 A.2d 997 (2003)

2003 VT 17

STATE of Vermont v. HOMESIDE LENDING, INC. and BANKBOSTON CORPORATION

Supreme Court of Vermont.

Reargument Denied April 15, 2003.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and Elliot Burg, Assistant Attorney General, Montpelier, for Plaintiff-Appellant.

Robert S. DiPalma of Paul, Frank & Collins, Inc., Burlington, and Jeffrey B. Maletta, Daniel J. Tobin and Lancelot A. King of Kirkpatrick & Lockhart LLP, Washington D.C., for Defendants-Appellees.

David L. Shapiro and Susan P. Koniak, Cambridge, Massachusetts, and Jonathan S. Massey, Washington, D.C., for Amici Curiae Law Professors Supporting the State of Vermont.

Philip T. McLaughlin, Attorney General, and Walter L. Maroney, Senior Assistant Attorney General, Concord, New Hampshire, for Amici Curiae States In Support of State of Vermont.

Present: DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. The State of Vermont appeals from a decision of the Chittenden Superior Court granting summary judgment to defendants, Homeside Lending, Inc. and BankBoston Corporation, on the grounds that this litigation is precluded by a national class action judgment by the Mobile, Alabama circuit court in Hoffman v. Banc-Boston Mortgage Corp., No. CV-91-1880 (Ala.Cir.Ct. Jan. 24, 1994). In this action, the State alleges that defendants violated the...

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