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CUMBERLAND FARMS, INC. v. EVERETT

600 A.2d 398 (1991)

CUMBERLAND FARMS, INC. v. Robert EVERETT d/b/a Everett's Garage.

Supreme Judicial Court of Maine.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Joel C. Martin (orally), Petruccelli & Martin, Portland, for plaintiff.

Burton G. Shiro (orally), Shiro & Shiro, Waterville, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and COLLINS, JJ.

GLASSMAN, Justice.

Contrary to the contention of the defendant Robert Everett, we hold that his appeal from an order of the Superior Court (Cumberland County, Brennan, J.) granting the motion of the plaintiff, Cumberland Farms, Inc., for a preliminary injunction does not fall within the "death knell" exception to the final judgment rule and accordingly dismiss his appeal.

Cumberland Farms owns a convenience store and gas station located on Main Street...

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