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Lininger v. Piper, 94-1639 (1994)

Court: Court of Appeals for the First Circuit Number: 94-1639 Visitors: 2
Filed: Nov. 25, 1994
Latest Update: Mar. 02, 2020
Summary: November 25, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-1639 EDWARD LININGER, Plaintiff, Appellant, v. ALEXANDER R. PIPER, III, Defendant, Appellee.____________________ and Boudin, Circuit Judge.Per Curiam.
USCA1 Opinion









November 25, 1994
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 94-1639

EDWARD LININGER,

Plaintiff, Appellant,

v.

ALEXANDER R. PIPER, III,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Frank H. Freedman, Chief U.S. District Judge] _________________________

____________________

Before

Selya, Circuit Judge, _____________
Campbell, Senior Circuit Judge, ____________________
and Boudin, Circuit Judge. _____________

____________________

Edward Lininger on brief pro se. _______________
John A. Agostini and Cain, Hibbard, Myers & Cook on brief for _________________ ____________________________
appellee.


____________________


____________________




















































































Per Curiam. Plaintiff's appeal is meritless. The __________

statutes plaintiff challenges, Mass. G. L. ch. 187, 1-3,

are not unconstitutional and do not deprive plaintiff of

property. By preventing plaintiff from acquiring from

defendant an easement by prescription, the statutes have not

taken from plaintiff anything he has ever owned or been

entitled to.

Because this appeal is frivolous, and in view of

plaintiff's repeated, baseless litigation, we impose double

costs and $ 200 in attorneys' fees. Fed. R. App. P. 38.

Affirmed. ________































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Source:  CourtListener

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