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DEDHAM WATER CO. v. CUMBERLAND FARMS, INC.

Civ. A. No. 82-3155 Mc.

643 F.Supp. 667 (1986)

DEDHAM WATER COMPANY, Plaintiff, v. CUMBERLAND FARMS, INC., et al., Defendants.

United States District Court, D. Massachusetts.

Judgment Order of January 22, 1986.

Attorney(s) appearing for the Case

Thomas F. Holt, Jr., Edward I. Selig, Joanne Kadishi, Lawrence S. DiCara, DiCara, Selig, Sawyer & Holt, Boston, Mass., for plaintiff.

Allan Van Gestel, Goodwin, Proctor & Hoar, Boston, Mass., for defendants.

MEMORANDUM AND ORDER ON RENEWED MOTION TO DISMISS

McNAUGHT, District Judge.

Defendant Cumberland Farms, Inc, relies in this motion on the recent decision of the First Circuit Court of Appeals in Garcia v. CECOS International, Inc., 761 F.2d 76 (1st Cir., 1985) asserting that this court lacks jurisdiction because the plaintiff "failed to comply with the 60-day notice requirements applicable to citizens' suits under...

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