DUNELLEN, LLC v. GETTY PROPERTIES CORP.

No. 08-2099.

567 F.3d 35 (2009)

DUNELLEN, LLC, Plaintiff, Appellant, v. GETTY PROPERTIES CORP., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 1, 2009.


Attorney(s) appearing for the Case

Gerald J. Petros with whom Mitchell R. Edwards and Hinckley, Allen & Snyder LLP, were on brief, for appellant.

Robert K. Taylor with whom James W. Ryan and Partridge Snow & Hahn LLP, were on brief, for appellee.

Before BOUDIN, FARRIS, and HOWARD, Circuit Judges.


BOUDIN, Circuit Judge.

This appeal requires us to answer the question whether a pier in East Providence, Rhode Island, is — as to the parties in this dispute — to be considered real property ("realty") and so subject to the law of easements or, because of an agreement by the parties' predecessors-in-interest, is personal property ("personalty"). Based on a prior decision of the Rhode Island Supreme Court, we affirm the federal district court's decision...

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