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COLLINS v. WEBSTER

No. 87-634.

25 Mass. App. Ct. 745 (1988)

522 N.E.2d 12

DENNIS M. COLLINS & others vs. TOWN OF WEBSTER.

Appeals Court of Massachusetts, Worcester.

May 3, 1988.

Attorney(s) appearing for the Case

Peter C. Alessio for Joseph Smoolca.

Michael J. Michaeles for Dennis Collins & another.

Present: GRANT, PERRETTA, & FINE, JJ.

FINE, J.

The issue raised in this appeal arises out of a Superior Court judge's disposition of a motion filed by one of the plaintiffs, Joseph Smoolca, for relief under Mass.R.Civ.P. 60(b)(6), 365 Mass. 829 (1974), after a jury verdict against the defendant, the town of Webster, in an eminent domain action. Two statutes are involved: G.L.c. 79, § 33, dealing with apportionment of eminent domain damages between...

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