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[NOT FOR PUBLICATION]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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