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STRAFFORD SAVINGS BANK v. BRUCE

No. 81-032.

122 N.H. 557 (1982)

STRAFFORD SAVINGS BANK v. MARK R. BRUCE & a.

Supreme Court of New Hampshire.

July 2, 1982.

Attorney(s) appearing for the Case

Barrett & McNeill P.A., of Durham (Malcolm R. McNeill, Jr., on the brief and orally), for the defendants Mark R. Bruce and Eleanor A. Bruce.

Kearns, Colliander & Donahue P.A., of Exeter (David S. Brown on the brief and orally), for the defendant Patricia Grahame Real Estate, Inc.

T. Casey Moher, of Dover, by brief and orally, for the defendant Patsy S. Lynch, d/b/a Patsy S. Lynch Real Estate.

BROCK, J.

The defendants Mark and Eleanor Bruce appeal the Trial Court's (Goode, J.) denial of their motion to dismiss the plaintiff's bill of interpleader and its order for payment of the deposited funds. We affirm in part, reverse in part, and remand.

In December 1979, Mark and Eleanor Bruce listed their house for sale. Patricia Grahame Real Estate, Inc., and Patsy S. Lynch Real Estate (Grahame and Lynch) found a purchaser and scheduled a closing...

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