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DELTA MATERIALS CORP. v. BAGDON

No. 90-P-94.

33 Mass. App. Ct. 333 (1992)

599 N.E.2d 250

DELTA MATERIALS CORPORATION vs. JOHN R. BAGDON, JR., & others.

Appeals Court of Massachusetts, Franklin.

September 23, 1992.

Attorney(s) appearing for the Case

Jack D. Curtiss for the defendants.

Lewis A. Whitney, Jr., for the plaintiff.

Present: SMITH, JACOBS, & GILLERMAN, JJ.

JACOBS, J.

The defendants appeal from an "interlocutory order"2 of a probate judge directing a commissioner to make a partition by sale of certain land in the town of Sunderland. Subject to the order are three noncontiguous undeveloped parcels of approximate area of one, thirty-seven, and 101 acres. The plaintiff holds an undivided four-fifths interest in the parcels as a tenant in common...

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