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AUBUCHON v. MASS. BUILD. CODE APPELS BD.

Civil Action No. 95-40231-NMG.

933 F.Supp. 90 (1996)

Mary Irene AUBUCHON, Trustee, 24 Cottage Avenue Trust, Plaintiff, v. COMMONWEALTH OF MASSACHUSETTS, acting By and Through the STATE BUILDING CODE APPEALS BOARD, City of Fitchburg, Michael A. Gallant, in his individual and official capacity, and Jeffrey Bean, in his individual and official capacity, Defendants.

United States District Court, D. Massachusetts.

August 9, 1996.

Attorney(s) appearing for the Case

Gary S. Brackett, Brackett & Lucas, Worcester, MA, for plaintiff.

Edward W. Colbert, III, Peter Sacks, Atty. Gen. Office Boston, MA, for Commonwealth of Massachusetts.

John J. Davis, Todd M. Reed, Morrison, Mahoney & Miller, Boston, MA, for City of Fitchburg, Michael A. Gallant, Jeffrey Bean.

MEMORANDUM AND ORDER

GORTON, Judge.

On November 17, 1995, plaintiff Mary Irene Aubuchon ("Aubuchon"), the trustee of a trust that owns commercial property located at 24 Cottage Avenue in Fitchburg, Massachusetts, filed the above-entitled action against four defendants: the Commonwealth of Massachusetts, acting by and through its State Building Code Appeals Board ("the Board"), the City of Fitchburg ("the City"), Michael A. Gallant ("Gallant") and Jeffrey...

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