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THERMO ELECTRON CORP. v. SCHIAVONE CONST. CO.

No. 91-1193.

958 F.2d 1158 (1992)

THERMO ELECTRON CORP., Plaintiff, Appellee, v. SCHIAVONE CONSTRUCTION COMPANY, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 12, 1992.

Attorney(s) appearing for the Case

Gael Mahony, with whom Bruce E. Falby, Christopher Patusky, Hill & Barlow, Toni G. Wolfman, and Foley, Hoag & Eliot, Boston, Mass., were on brief for defendants, appellants.

Tracy A. Miner, with whom Joseph P. Crawford-Kelly and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, Mass., were on brief for plaintiff, appellee.

Before BREYER, Chief Judge, CAMPBELL, Circuit Judge, and ZOBEL, District Judge.

BREYER, Chief Judge.

For the second time, Schiavone Construction Company, Schuyler Long Beach Incinerator Company, and Schuyler Investments Corporation appeal a district court determination that they broke a contract with Thermo Electron Corporation, resulting in a judgment of $1.85 million in Thermo's favor. Initially, the district court, after a bench trial, communicated its findings by means of a series of "yes" or "no" answers to questions submitted by the parties...

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