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HERITAGE HOMES OF ATTLEBORO v. SEEKONK WATER DIST.

Nos. 80-1646, 80-1704.

648 F.2d 761 (1981)

HERITAGE HOMES OF ATTLEBORO, INC., Plaintiff, Appellee, v. The SEEKONK WATER DISTRICT, Defendant, Appellant. HERITAGE HOMES OF ATTLEBORO, INC., Plaintiff, Appellant, v. The SEEKONK WATER DISTRICT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 31, 1981.

As Amended by Order Dated May 18, 1981.

Attorney(s) appearing for the Case

John J. Graham, Boston, Mass., with whom William E. Hickey, Quincey, Mass., was on brief, for Seekonk Water Dist.

Stephen D. Clapp, N. Attleboro, Mass., with whom Armstrong, Pollis & Clapp, N. Attleboro, Mass., was on brief, for Heritage Homes of Attleboro, Inc.

Before COFFIN, Chief Judge, ALDRICH, Circuit Judge and WYZANSKI, District Judge.

COFFIN, Chief Judge.

This case returns to us after the district court found that there was overwhelming evidence to support the allegations that we previously found to have stated a claim. See Des Vergnes v. Seekonk Water District, 601 F.2d 9 (1st Cir. 1979). Heritage Homes is a corporation engaged in real estate development. It sued the defendant Seekonk Water District for refusing — because Heritage was willing to...

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