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McSORLEY v. HANCOCK

11 Mass. App. Ct. 563 (1981)

417 N.E.2d 982

FRANCIS J. McSORLEY vs. TOWN OF HANCOCK & another.

Appeals Court of Massachusetts, Berkshire.

March 13, 1981.

Attorney(s) appearing for the Case

W. Stanley Cooke for the plaintiff.

David O. Burbank for the town of Hancock.

Howard R. Palmer, Assistant Attorney General, for the Commonwealth.

Present: BROWN, GREANEY, & DREBEN, JJ.

DREBEN, J.

The question before us is whether the plaintiff is precluded from recovering damages from the town of Hancock (town) or the Commonwealth in this eminent domain action by reason of a prior judgment against the Commonwealth. We hold that he is not barred.2

We relate the facts as found by the trial judge and as supplemented by undisputed evidence. The plaintiff is the...

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