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MONTGOMERY v. DEVOID

No. 05-106.

915 A.2d 270 (2006)

2006 VT 127

Thomas MONTGOMERY v. Carl L. DEVOID, Jr., Carl L. Devoid, Sr., Wayne M. Devoid, Leonard R. Devoid, Elizabeth M. Witham and the Leonard R. Devoid Revocable Trust.

Supreme Court of Vermont.

November 22, 2006.

Attorney(s) appearing for the Case

Alan A. Bjerke of Bauer, Gravel, Farnham, Nuovo, Parker & Lang, Burlington, for Plaintiff-Appellant.

Richard R. Goldsborough of Perry, Schmucker & Goldsborough, PLLC, South Burlington, for Defendant-Appellee Carl Devoid, Sr.

Susan J. Flynn of Clark, Long, Werner & Flynn, P.C., Burlington, for Defendants-Appellees Leonard R. Devoid and the Leonard R. Devoid Revocable Trust.

Christopher L. Davis, Kevin E. Brown and Peter F. Langrock of Langrock Sperry & Wool, LLP, Middlebury, for Defendant-Appellee Elizabeth M. Witham.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. REIBER, C.J.

Following the theft of approximately $80,000 in cash from his residence in Underhill, Vermont, plaintiff Thomas Montgomery filed a civil suit to recover the money and named as defendants — in addition to the alleged thief, Carl Devoid, Jr. — several of Carl Jr.'s relatives. Montgomery's primary allegation was that each of the defendants was liable for the conversion of the stolen funds. After considering cross-motions for summary...

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