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DONOVAN BROTHERS, INC. v. FONTAINE

C.A. 05-30136-MAP.

482 F.Supp.2d 156 (2007)

DONOVAN BROTHERS, INC., et al, Plaintiffs v. Joseph FONTAINE, et al, Defendants.

United States District Court, D. Massachusetts.

April 9, 2007.

Attorney(s) appearing for the Case

Frank E. Antonucci, Antonucci & Associates, Springfield, MA, for Plaintiffs.

Joel B. Bard, Jonathan D. Eichman, Kopelman & Paige, PC, Boston, MA, Nancy Frankel Pelletier, Robinson Donovan, PC, Springfield, MA, for Defendants.

MEMORANDUM AND ORDER RE: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND MOTION TO REMAND (Did. Nos. 46 & 47)

PONSOR, District Judge.

Plaintiff Donovan Brothers, Inc. is in the excavating business. For some time, the corporation had been taking gravel from a piece of land located in the Town of Montgomery formerly owned by co-plaintiff Elsie M. Lafond. On January 13, 2005, the Building Inspector of the Town of Montgomery ordered Plaintiffs to cease...

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