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CLOCKEDILE v. STATE DEPT. OF TRANSP.

437 A.2d 187 (1981)

Clarence CLOCKEDILE et al. v. STATE of Maine DEPARTMENT OF TRANSPORTATION et al.

Supreme Judicial Court of Maine.

Decided November 24, 1981.

Attorney(s) appearing for the Case

David J. Corson (orally), Yarmouth, for Rhodena Clockedile.

Robert N. Walker (orally), Yarmouth, for Clarence Clockedile.

Preti, Flaherty & Beliveau, Christopher D. Nyhan (orally), John P. Doyle, Jr., Portland, for Town of Yarmouth.

Thomas Reeves (orally), John B. Wlodkowski, Hope Hilton, Dept. of Transp., Augusta, for Dept. of Trans.

Before McKUSICK, C. J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

McKUSICK, Chief Justice.

Plaintiffs appeal from the dismissal by the Superior Court (Cumberland County) of their claims against the State of Maine Department of Transportation (the MDOT) and the Town of Yarmouth. We sustain the dismissal as to the MDOT, but vacate the dismissal as to the Town of Yarmouth.

On August 23, 1977, the MDOT issued a highway opening permit to the Town of Yarmouth on behalf of N. E. Construction Company and its subcontractor, Ted Mundy...

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