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BENNER v. SHERMAN

371 A.2d 420 (1977)

Maurice L. BENNER and Alta J. Benner v. Luther SHERMAN.

Supreme Judicial Court of Maine.

March 31, 1977.

Attorney(s) appearing for the Case

Richard A. McKittrick, Camden, Charles A. Peirce, Palermo, for plaintiffs.

Eaton, Glass & Marsano, by Francis C. Marsano, Belfast, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.

ARCHIBALD, Justice.

By their complaint the plaintiffs sought a declaration of their right to the use, as a means of access to their property, of a certain way across the property of the defendant. Additionally, the plaintiffs sought to have the defendant permanently enjoined from interfering with their use of this right of access. Following a jury waived trial a Justice of the Superior Court determined that the plaintiffs had established

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