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THOMAS H. SACKETT, Respondent, v. JOHN L. O'BRIEN et al., Appellants, et al., Defendant.

Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL and JASEN. Judge BURKE dissents and votes to reverse and reinstate the judgment of the trial court on the ground that plaintiff's abandonment of the roadway destroyed his easement and defendants acquired title to the strip abutting their land by adverse possession free of any rights of the plaintiff. Taking no part: Judge KEATING.

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SACKETT v. O'BRIEN
(Jan 16, 1969)