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LAMANTEA v. DOWD

No. 94-P-1403.

39 Mass. App. Ct. 613 (1996)

CHESTER LAMANTEA vs. PETER G. DOWD, trustee, & others.

Appeals Court of Massachusetts, Worcester.

January 18, 1996.

Attorney(s) appearing for the Case

Henry J. Lane for the plaintiff.

Peter E. Heppner (Stephen M.A. Woodworth with him) for Peter G. Dowd.

Present: PERRETTA, KASS, & SMITH, JJ.

SMITH, J.

The plaintiff, Chester Lamantea, filed an action in the Superior Court against three defendants: (1) Peter Dowd, as trustee of Pratt Farm Realty Trust (Dowd), (2) Westward Development Corporation (Westward), and (3) Nicholas Halil, doing business as K & N Trucking and Excavating (Halil). He sought damages for the alleged destruction of boundary markers, stone walls, and trees and also injury to his residence as a result of the construction of a

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