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JOHN G. DANIELSON, INC. v. WINCHESTER-CONANT

Nos. 02-1452, 02-1533.

322 F.3d 26 (2003)

JOHN G. DANIELSON, INC. Plaintiff, Appellee, Cross-Appellant, v. WINCHESTER-CONANT PROPERTIES, INC.; The Willows at Winchester, LLC, Defendants, Appellants, Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided March 6, 2003.

Attorney(s) appearing for the Case

Gary S. Matsko, with whom Paul L. Feldman, Judith Ashton, and Davis, Malm & D'Agostine, P.C. were on brief for appellants and cross-appellees.

Anthony E. Battelle, with whom Construction Law Services, Charles R. Heuer, and Heuer Law Group were on brief for appellee and cross-appellant.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

LYNCH, Circuit Judge.

This copyright case involves unusual facts, many dating to the mid-1980s, which greatly influence its result. A real estate developer acquired a parcel of land covered by a 30-year restrictive covenant to which a previous owner had agreed. The covenant required that any residential development conform with site plans submitted by the previous owner. The new owner tried to modify these restrictions; when it failed to do so it built a condominium...

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