Sedgley M. MILLER, et al. v. Barbara SCAGNELLI, et al.

Supreme Judicial Court of Maine.Argued January 24, 1985.
Decided February 8, 1985.

Appeal from the Superior Court, York County.

Page 642

Strater, Hancock Erwin, James R. Erwin (orally), York, for plaintiffs.

Ott Clark, P.A., David N. Ott (orally), York, for defendants.

Before McKUSICK, C.J., and ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION.

Defendants appeal from the denial of their motion for relief (M.R.Civ.P. 60(b)(6)) from an order requiring that they pay the costs of a survey performed in connection with litigation concerning a right of way. Rule 60(b)(6) requires a showing of injustice in the original order and the ruling of the Superior court is reviewable only for an abuse of discretion. See Merrill v. Merrill, 449 A.2d 1120, 1125 (Me. 1982). We find no abuse of discretion on the record before us.

The entry is:

Judgment affirmed.

All concurring.

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