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GABLE v. BORGES CONST., INC.

C.A. No. 10-cv-30222-MAP.

792 F.Supp.2d 117 (2011)

John A. GABLE and Wendy L. Gable, Plaintiffs v. BORGES CONSTRUCTION, INC., Town of Cheshire, and Brian Tenczar, Defendants.

United States District Court, D. Massachusetts.

June 17, 2011.

Attorney(s) appearing for the Case

Michael K. Callan , Doherty, Wallace, Pillsbury & Murphy, P.C., Springfield, MA, John P. Cronin , Jason W. Crotty , John J. Davis , Pierce, Davis & Perritano, LLP, Boston, MA, Jack E. Houghton, Jr. , Pittsfield, MA, for Defendants.

Mary F. Courtney , Thomas J. Hamel , Martin, Oliveira & Hamel, PC, Pittsfield, MA, for Plaintiffs.

MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER (Dkt. Nos. 10, 12, 15 & 27)

MICHAEL A. PONSOR, District Judge.

I. INTRODUCTION

In September 2010, Plaintiffs filed this eight-count complaint in Berkshire Superior Court. Based on dubious allegations of federal constitutional violations arising out of a land dispute between neighbors, Plaintiffs found themselves...

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