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DURGIN v. ROBERTSON

428 A.2d 65 (1981)

Hugh S. DURGIN and Marion Durgin v. Freda ROBERTSON and Philip Kohonen.

Supreme Judicial Court of Maine.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Hanscom & Carey, P.A., Thomas S. Carey, Rumford (orally), for plaintiff.

Michael J. Gentile, Rumford, Preti, Flaherty & Beliveau, Jonathan S. Piper, Portland (orally), for defendant.

Before McKUSICK, C. J., GODFREY, GLASSMAN and CARTER, JJ., and DUFRESNE, A. R. J.

CARTER, Justice.

The plaintiffs, Hugh S. Durgin and Marion Durgin, appeal from a Superior Court judgment adopting a Referee's report and denying their claim to a certain right of way over land of the defendant, Freda Robertson. Since we find that no final judgment has yet been entered in this case, we must dismiss the appeal.

The plaintiffs commenced this action by filing a complaint in two counts. The defendants counterclaimed. By agreement, evidence was...

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