DELTA MATERIALS CORPORATION v. BAGDON

No. 01-P-1629.

59 Mass. App. Ct. 439 (2003)

DELTA MATERIALS CORPORATION v. JOHN R. BAGDON, JR., & others.

Appeals Court of Massachusetts, Franklin.

September 26, 2003.


Attorney(s) appearing for the Case

Janet H. Pumphrey for the defendants.

Samuel A. Marsella for the plaintiff.

Present: GELINAS, KASS, & TRAINOR, JJ.


KASS, J.

In 1987, Delta Materials Corporation (Delta), which is in the gravel business, brought a petition under G. L. c. 241 to partition real property. The land involved, which is in Sunderland, consists of three noncontiguous undeveloped parcels that contain approximately one acre, thirty-seven acres, and 101 acres. Delta Materials Corp. v. Bagdon, 33 Mass.App.Ct. 333

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