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BISSELL v. BREAKERS BY-THE-SEA

No. Civ. 96-191-P-H.

7 F.Supp.2d 60 (1998)

Nancy B. BISSELL and Robert G. Bissell, M.D., Plaintiffs, v. The BREAKERS BY-THE-SEA, R & E Associates, Inc. and Paul Provencher, Defendants.

United States District Court, D. Maine.

February 3, 1998.

Attorney(s) appearing for the Case

John H. O'Neil Jr., Smith, Elliott, Smith & Garmey, P.A., Saco, ME, Terrence Garmey, Smith, Elliott, Smith & Garmey, P.A., Portland, ME, for Plaintiffs.

Martha C. Gaythwaite, Friedman, Babcock & Gaythwaite, Portland, ME, for Defendants Breakers By-The-Sea & R & E Assoc.

Mark E. Dunlap, Norman, Hanson & Detroy, Portland, ME, for Defendant Paul Provencher.

MEMORANDUM STATEMENT ON PLAINTIFFS' MOTION FOR RELIEF FROM JUDGMENT1

HORNBY, Chief Judge.

"If the law supposes that, ... the law is a ass — a idiot," proclaimed Mr. Bumble. Charles Dickens, The Adventures of Oliver Twist (Oxford Univ. Press 1987) (1838). Controlling precedent here unfortunately gives credence to this infamous Dickens statement. If the Court of Appeals chooses to remand this lawsuit, I will...

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