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ALLEN v. REARDON

Civ. A. No. 78-2530-C.

457 F.Supp. 966 (1978)

V. Florence ALLEN, on behalf of her husband, William H. Allen, Petitioner, v. Charles H. REARDON, as he is the Acting Sheriff of Essex County House of Correction, et al., Respondents.

United States District Court, D. Massachusetts.

October 4, 1978.

Attorney(s) appearing for the Case

James A. Murphy, Salem, Mass., for petitioner.

No appearance was filed on behalf of respondents.

OPINION

CAFFREY, Chief Judge.

In April, 1975 the individual members of the Board of Health of the Town of Essex, Massachusetts filed a complaint in Massachusetts Superior Court seeking an injunction against William H. Allen, alleging that he was maintaining a dump without authorization by the Board of Health, in violation of M.G.L.A. c. 111 § 150A. The sole issue in that case was whether the defendant's land was a dumping ground for refuse.

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