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MASHPEE TRIBE v. NEW SEABURY CORP.

Civ. A. No. 76-3190-S.

427 F.Supp. 899 (1977)

MASHPEE TRIBE, Plaintiff, v. NEW SEABURY CORP. et al., Defendants.

United States District Court, D. Massachusetts.

February 28, 1977.

Attorney(s) appearing for the Case

Barry A. Margolin, Native American Rights Fund, Boston, Mass., Thomas N. Tureen, Dennis M. Montgomery, Calais, Maine, for plaintiff.

James D. St. Clair, Boston, Mass., for Town of Mashpee, Maurice A. Cooper and John D. Ferguson.

Selma R. Rollins, Brookline, Mass., for New Seabury Corp., New Seabury Conveyancing Corp. and Fields Point Manufacturing Corp.

Thomas Otis, Boston, Mass., for Thomas Otis, William M. Atwood, Russell Makepeace and Maurice Makepeace, general partners doing business as Wiljoles Lands, a Massachusetts limited partnership.

Samuel Hoar, Boston, Mass., for Mary Jane Shoop.

Edwin J. Carr, Boston, Mass., for New Bedford Gas & Edison Light Co.

Atty. Gen. of the Commonwealth of Massachusetts, for Colton H. Bridges.

Thomas B. Shea, Boston, Mass., for Greenwood Development Corp.

MEMORANDUM AND ORDER ON MOTION TO DISMISS

SKINNER, District Judge.

This case came before me on January 24, 1977, for a hearing on the defendant Town of Mashpee's (hereinafter, the Town) motion to dismiss.

This is a defendant class action (see Memorandum and Order of January 21, 1977) in which the Mashpee Tribe (hereinafter, the Tribe) seeks a declaration of its right to possession of certain land in the Town of Mashpee, "excepting, however, any portion...

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