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ATWOOD v. WALTER

No. 97-P-1841.

47 Mass. App. Ct. 508 (1999)

JACOB M. ATWOOD v. SAMUEL WALTER & another.

Court of Appeals of Massachusetts, Barnstable.

August 3, 1999.

Attorney(s) appearing for the Case

Thomas F. Patch for the defendants.

Matthew W. Perkins for the plaintiff.

Present: WARNER, C.J., SMITH, & GILLERMAN, JJ.

GILLERMAN, J.

The plaintiff brought this action in Superior Court to compel the defendants, Samuel and Katherine Walter, to remove the asphalt shingle roof from their home and to replace it with a wood shingle roof. The defendants' asphalt roof allegedly was installed in violation of certain restrictions contained in an instrument filed by the plaintiff with the Barnstable County Registry of Deeds in 1976. After a bench trial, the trial judge found for the plaintiff...

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