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MICZEK v. COMMONWEALTH

No. 90-P-748.

32 Mass. App. Ct. 105 (1992)

586 N.E.2d 1004

JOHN T. MICZEK & another vs. COMMONWEALTH.

Appeals Court of Massachusetts, Worcester.

February 12, 1992.

Attorney(s) appearing for the Case

Hector E. Pineiro for the plaintiffs.

Mark S. Bourbeau, Assistant Attorney General (Stuart T. Rossman, Assistant Attorney General, with him) for the Commonwealth.

Present: DREBEN, GILLERMAN, & GREENBERG, JJ.

GREENBERG, J.

After a jury assessed damages of $14,900 in an eminent domain action based on the taking of a temporary slope easement, the trial judge allowed the Commonwealth's motion pursuant to Mass.R.Civ.P. 50(b), 365 Mass. 814 (1974), directed a verdict in part for the defendant, and ordered a remittitur of $9,000.2 The question for decision is whether the reduction in damages was...

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