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ALLING v. C.D. CAIRNS IRREVOCABLE TRUSTS PARTNERSHIP

No. 2:95-CV-35.

927 F.Supp. 758 (1996)

Beatrice P. ALLING, Trustee of the Beatrice P. Alling Trust, Plaintiff, v. C.D. CAIRNS IRREVOCABLE TRUSTS PARTNERSHIP, and Mobil Oil Corporation, Defendants.

United States District Court, D. Vermont.

May 9, 1996.

Attorney(s) appearing for the Case

Thomas Emerick McCormick, McCormick, Fitzpatrick, Kasper & Burchard, Burlington, VT, for Beatrice P. Alling.

Richard F. Peterson, Jr., Spokes, Foley & Peterson, Burlington, VT, for C.D. Cairns Irrevocable Trusts Partnership.

Julian R. Goodrich, George Edmund Rice, Jr., Goodrich & Rice, Montpelier, VT, for Mobil Oil Corporation.

OPINION AND ORDER

SESSIONS, District Judge.

I. Introduction

This action is in the nature of an interpleader. Both Defendants claim an interest in the property at the intersection of Kennedy Drive and Hinesburg Road in South Burlington, Vermont. That property is subject to a lease agreement between Plaintiff and Defendant Mobil Oil Corporation ("Mobil"), which provides Mobil with a right of first refusal.

Pursuant to the terms...

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