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WHITE v. FRANCOEUR

No. 92-534.

138 N.H. 307 (1994)

ALVIN R. WHITE & a. v. ALFRED R. FRANCOEUR & a.

Supreme Court of New Hampshire.

March 18, 1994.

Attorney(s) appearing for the Case

McKean, Mattson & Latici, P.A., of Gilford (Steven M. Latici on the brief and orally), for plaintiffs Alvin and Barbara White.

Barto and Puffer, P.A., of Concord (Mark H. Puffer on the brief and orally), for plaintiff Town of Wolfeboro.

Roger F. Murray, III, of Wolfeboro, by brief and orally, for defendants Alfred and Janet Francoeur.

David P. Carlson, of Berlin, for the Berlin City Bank, filed no brief.

Peter M. Cole, of Ossipee, for Samuel and Douglas Dame, filed no brief.

John C. Boeckeler, of Manchester, for Cooper, Hall, Whittum and Shillaber, filed no brief.

HORTON, J.

The defendants, Alfred and Janet Francoeur, appeal the Superior Court's (Dickson, J.) order awarding attorney's fees to the plaintiffs, Alvin and Barbara White and attorney's fees, costs, and penalties to the Town of Wolfeboro (town). We reverse.

This claim arose out of a dispute over title to a triangular piece of land on Lake Wentworth in the Town of Wolfeboro. The parcel, described as lot 3, was carved out of a larger tract owned by Allen...

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