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CUMBERLAND FARMS v. MONTAGUE ECON. DEV. & INDUS.

No. 95-1822.

78 F.3d 10 (1996)

CUMBERLAND FARMS, INC., Appellant, v. MONTAGUE ECONOMIC DEVELOPMENT AND INDUSTRIAL CORPORATION, Appellee.

United States Court of Appeals, First Circuit.

Decided March 12, 1996.

Attorney(s) appearing for the Case

W. Mark Russo with whom David A. Wollin, and Adler, Pollock & Sheehan Incorporated, Providence RI, were on brief, for appellant.

Debra L. Purrington with whom Morse, Sacks & Fenton, Northampton, MA, Martine B. Reed, and Brown, Hart, Reed & Kaplan, Amhurst, MA, were on brief, for appellee.

Before CYR, BOUDIN and STAHL, Circuit Judges.

STAHL, Circuit Judge.

On September 21, 1990, the Montague Economic Development Industrial Corporation ("MEDIC"), after reaching impasse in negotiations to purchase from Cumberland Farms, Inc. ("Cumberland") a convenience store in Turner's Falls, Massachusetts, took the property by eminent domain. That same day, pursuant to Mass.Gen.L. ch. 79, § 1, the order of taking was recorded, and as a result, Cumberland's ownership rights in the property were extinguished...

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