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CANN v. COMMONWEALTH

353 Mass. 71 (1967)

228 N.E.2d 67

PETER CANN & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Middlesex.

June 30, 1967.

Attorney(s) appearing for the Case

Charles G. Kadison, Jr., for the petitioners.

Robert L. Meade, Assistant Attorney General, for the respondent.

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

SPIEGEL, J.

This is a petition for assessment of damages under G.L.c. 79, filed on May 20, 1964. At the trial before a jury the Commonwealth moved to dismiss the proceeding "for the reason that it was not commenced within the time allowed by law" and also moved for a directed verdict. Both motions were denied. The jury's verdict in favor of the petitioners was entered under leave reserved.

The judge subsequently made "findings and rulings re ... [the Commonwealth...

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