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FAYARD v. NORTHEAST VEHICLE SERVICES, LLC

No. 07-2222.

533 F.3d 42 (2008)

Leo E. FAYARD and Sara K. Fayard, Plaintiffs, Appellants, v. NORTHEAST VEHICLE SERVICES, LLC, East Brookfield & Spencer Railroad, LLC, Holston Land Company, Incorporated, CSX Real Property, Inc., Steven M. Pugliese, and George W. Bell, II, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 14, 2008.

Attorney(s) appearing for the Case

David A. Wojcik with whom Donald C. Keavany, Jr. and Christopher, Hays, Wojcik & Mavricos were on brief for appellants.

Ralph T. Lepore, III with whom Michael T. Maroney, Elizabeth A. Mulcahy and Holland & Knight LLP were on brief for appellees.

Before BOUDIN, Circuit Judge, O'CONNOR, Associate Justice (Ret.), and SELYA, Senior Circuit Judge.

BOUDIN, Circuit Judge.

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB & SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts.1 Plaintiffs, Leo and Sara...

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