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WALKER v. SANDERSON

348 Mass. 409 (1965)

204 N.E.2d 108

JOHN J. WALKER vs. NATHAN SANDERSON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 1, 1965.

Attorney(s) appearing for the Case

William E. Hays (William C. Hays with him) for the defendants.

Walter H. McLaughlin, Jr., for the plaintiff.

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

WHITTEMORE, J.

This is an appeal from a final decree of the Superior Court under G.L.c. 240, §§ 10A-10C, inserted by St. 1961, c. 448, § 3,1 ruling unenforceable and inapplicable a restriction imposed on land of the plaintiff in Waltham by deed to a predecessor in title dated December 29, 1947.

The defendants, owners of nearby land, are persons who, as the plaintiff stipulated, are entitled to oppose the release...

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