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DERBY v. DIYANNO

142 Conn. 708 (1955)

THE CITY OF DERBY ET AL. v. DOMENIC DIYANNO

Supreme Court of Connecticut.

Decided November 8, 1955.

Attorney(s) appearing for the Case

Roslyn Z. P. Montlick, for the appellant (defendant).

George J. Yudkin, with whom, on the brief, was Harold B. Yudkin, for the appellees (plaintiffs Bottachiari et al.).

INGLIS, C. J., BALDWIN, WYNNE, DALY and MELLITZ, JS.

DALY, J.

This action was brought by the city of Derby and nineteen individual plaintiffs, seeking an injunction restraining the defendant from interfering with the right of the plaintiffs and the public to use a right of way, and a mandatory injunction directing the defendant to restore the grade of the right of way. In the complaint it is alleged that the individuals named as plaintiffs are the owners of certain parcels of land in the section of the city of Derby...

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