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ESCOBAR v. CONTINENTAL BAKING CO.

No. 91-P-754.

33 Mass. App. Ct. 104 (1992)

596 N.E.2d 394

JOSE L. ESCOBAR & another vs. CONTINENTAL BAKING COMPANY.

Appeals Court of Massachusetts, Bristol.

July 29, 1992.

Attorney(s) appearing for the Case

Brian A. Davis for the defendant.

Fred M. Thomas, for the plaintiffs, submitted a brief.

Present: DREBEN, GILLERMAN, & PORADA, JJ.

DREBEN, J.

The plaintiffs purchased a three-decker house on Purchase Street in New Bedford adjacent to land on which the defendant operates a bakery distribution center. Bakery deliveries are made in trucks and tractor trailers, and, in order to insure the freshness of the product, some deliveries occur between the hours of midnight and 7:00 A.M. Contending that the noise from the trucks is a nuisance, the plaintiffs brought this action to enjoin the nighttime (early...

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