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J & R INVESTMENT v. CITY CLERK OF NEW BEDFORD

No. 88-P-627.

28 Mass. App. Ct. 1 (1989)

545 N.E.2d 1173

J & R INVESTMENT, INC., & another vs. CITY CLERK OF NEW BEDFORD & others.

Appeals Court of Massachusetts, Bristol.

November 2, 1989.

Attorney(s) appearing for the Case

Raymond A. Letourneau for the defendants.

Richard Erwin Burke, Jr., for the plaintiffs.

Present: ARMSTRONG, CUTTER, & FINE, JJ.

FINE, J.

This is an appeal from a partial summary judgment in favor of the plaintiffs entered in the Superior Court pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974). The only aspect of the judgment contested by the defendants below and argued on appeal relates to the plaintiffs' claim that they had the right to have a plan of certain land they owned in New Bedford endorsed "approval under the subdivision control law not required" in accordance with G.L.c. 41...

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