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McCARTIN LEISURE INDUSTRIES, INC. v. BAKER

376 Mass. 62 (1978)

378 N.E.2d 980

McCARTIN LEISURE INDUSTRIES, INC. vs. EVERT BAKER & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 21, 1978.

Attorney(s) appearing for the Case

William C. Madden for the defendants.

Michael B. Keating, guardian ad litem for Evert Baker.

Thomas J. Carens for the plaintiff.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, WILKINS, & ABRAMS, JJ.

HENNESSEY, C.J.

This is an appeal by one Evert Baker and his legal guardian, Robert E. Baker, from a judgment in the Superior Court, Suffolk County, declaring that Evert Baker's profit a prendre to remove sand from the plaintiff's land has ceased to exist. The case was brought by McCartin Leisure Industries, Inc., in May, 1974, and was referred to a master in September, 1975.

After a hearing, the master found that the sanding rights in question had been granted...

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