Opinion
No. 55-76
January 26, 1977.
Appeal from Superior Court, Addison County.
V.R.C.P. 56(c), dealing with motions for summary judgment, requires a hearing to be set no sooner than ten days after date of service; this applies as well to motions to dismiss treated as motions for summary judgment under V.R.C.P. 12(b), and was not done here; the judgment is set aside and the cause remanded for hearing in compliance with V.R.C.P. 56(c).