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SPINELLI v. COMMONWEALTH

393 Mass. 240 (1984)

470 N.E.2d 795

ANTHONY SPINELLI vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Barnstable.

November 7, 1984.

Attorney(s) appearing for the Case

James H. Quirk, Jr., for the plaintiff.

Elizabeth Bowen Donovan, Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

The plaintiff, Anthony Spinelli, commenced an action in the Superior Court in Barnstable County on March 18, 1965, seeking damages from the Commonwealth for a taking of the plaintiff's property under the power of eminent domain. The case remained dormant for many years. On June 2, 1970, the case was marked "Inactive" pursuant to Rule 85 of the Superior Court (1954), and on June 3, 1971, the case was dismissed and judgment was entered. In 1973, the case...

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