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U.S. BANK NAT. ASS'N v. MANNING

Docket No. Cum-13-473.

97 A.3d 605 (2014)

2014 ME 96

U.S. BANK NATIONAL ASSOCIATION as Trustee for RASC 2005KS9 v. Thomas MANNING et al.

Supreme Judicial Court of Maine.

Decided: July 24, 2014.

Attorney(s) appearing for the Case

Elizabeth M. Crowe, Esq. , Bendett & McHugh, P.C., Farmington, Connecticut, and William A. Fogel, Esq. , (orally), Portland, on the briefs, for appellant U.S. Bank N.A.

Kelly W. McDonald, Esq. , Murray, Plumb & Murray, Portland, orally and on the briefs, for appellee Thomas Manning.

Panel: ALEXANDER, SILVER, MEAD, GORMAN, and JABAR, JJ.

MEAD, J.

[¶ 1] U.S. Bank National Association as Trustee for RASC 2005KS9 (the Bank) appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing with prejudice its foreclosure complaint against Thomas Manning with prejudice as a sanction for its failure to comply with the court's discovery order. The Bank contends that the court's action constitutes an abuse of discretion given the circumstances of this litigation, and that...

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