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VAN SZYMAN v. AUBURN

345 Mass. 444 (1963)

188 N.E.2d 453

JOHN VAN SZYMAN & another vs. TOWN OF AUBURN & others.

Supreme Judicial Court of Massachusetts, Worcester.

February 8, 1963.

Attorney(s) appearing for the Case

Richard J. Sarapas for the plaintiffs.

Edward P. Healy, Town Counsel, for the defendant Town of Auburn, submitted a brief.

Walter J. Griffin, for the defendants Hedlund, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WHITTEMORE, J.

The plaintiffs in this bill in equity for a declaratory decree have appealed from the interlocutory decree which confirmed the master's report and overruled exceptions thereto and from the final decree which, inter alia, adjudged that the town of Auburn owns three easements of drainage into the plaintiffs' land and that Walter H. and Phyllis L. Hedlund, owners of adjoining land, have an easement of flow in one of the drains, ordered the plaintiffs to...

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