KUBOTA TRACTOR CORP. v. CONST. EQUIP.


653 A.2d 421 (1995)

KUBOTA TRACTOR CORP. v. CONSTRUCTION EQUIPMENT RENTALS, INC.

Supreme Judicial Court of Maine.

Decided February 1, 1995.


Attorney(s) appearing for the Case

Michael A. Nelson, Jensen, Baird, Gardner & Henry, Portland, for plaintiff.

Philip P. Mancini, Cloutier & Briggs, Rockport, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN and LIPEZ, JJ.


RUDMAN, Justice.

Construction Equipment Rentals, Inc. (CER) appeals the order of the Superior Court (Cumberland County, Bradford, J.) dismissing CER's appeal from a Forcible Entry and Detainer (FED) judgment (Portland, MacNichol, J.) in favor of Kubota Tractor Corporation (Kubota). The court concluded that the District Court, not the Superior Court, must determine pursuant to 14 M.R.S.A. § 6012 (1980) whether a party has provided sufficient surety...

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