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IN RE CUMBERLAND FARMS, INC.

Bankruptcy No. 92-41305-JFQ. Adv. No. 93-4246.

168 B.R. 455 (1994)

In re CUMBERLAND FARMS, INC., Debtor. CUMBERLAND FARMS, INC., Plaintiff, v. MONTAGUE ECONOMIC DEVELOPMENT AND INDUSTRIAL CORPORATION, Defendant.

United States Bankruptcy Court, D. Massachusetts.

June 9, 1994.

Attorney(s) appearing for the Case

David P. Lemoie, Adler, Pollock & Sheehan, Providence, RI, for Cumberland Farms, Inc.

Debra Purrington, Morse, Fenton & Sacks, Northampton, MA, for Montague Economic Development Corp.

OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

This is what should have been a simple eminent domain case. It is anything but that. It and its companion cases have passed through more state and federal courts than perhaps any eminent domain litigation in the history of this Commonwealth. As a result, the mere passage of time has spawned two of the many claims presented here — the taking authority's claim...

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