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COOPER v. COOPER

No. 99-421.

783 A.2d 430 (2001)

Beatrice COOPER v. Karen Wenig COOPER, Brian Cooper and Herman Cooper.

Supreme Court of Vermont.

September 21, 2001.

Attorney(s) appearing for the Case

James C. Foley, Jr., of Deppman & Foley, P.C., Middlebury, for Plaintiff-Appellant.

James A. Dumont of Dumont & Lee, P.C., Middlebury, for Defendant-Appellee.

Frank H. Langrock of Langrock Sperry & Wool, LLP, Middlebury, for Defendant-Appellant.

Present: AMESTOY, C.J., DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

SKOGLUND, J.

This case, which began as a foreclosure action and which culminated in a jury award to an original mortgagor for emotional distress, lost income and punitive damages, illustrates the fundamental concept that co-tenants to real estate bear fiduciary obligations to each other. We affirm the trial court's decision to grant summary judgment to Karen Wenig in the foreclosure action, and affirm its holding that Herman Cooper committed a breach of fiduciary...

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