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HARRIS v. CITY OF OLD TOWN

667 A.2d 611 (1995)

David HARRIS v. CITY OF OLD TOWN.

Supreme Judicial Court of Maine.

Decided November 29, 1995.

Attorney(s) appearing for the Case

David A. Chase, MacDonald & Chase, Bangor, for Plaintiff.

Barbara A. Cardone, Rudman & Winchell, Bangor, for Defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, DANA, and LIPEZ, JJ.

GLASSMAN, Justice.

David Harris appeals from a summary judgment entered in the Superior Court (Penobscot County, Kravchuk, J.) in favor of the City of Old Town. Harris contends the court incorrectly determined that 1) railroad tracks do not qualify as "other machinery or equipment" within the purview of section 8104-A(1)(G) of the Maine Tort Claims Act (MTCA), 14 M.R.S.A. §§ 8101-8118 (1980 & Supp.1994),1 and 2) his...

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