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GIFFORD v. COMMISSIONER OF PUBLIC HEALTH

328 Mass. 608 (1952)

105 N.E.2d 476

ALLAN E. GIFFORD & others vs. COMMISSIONER OF PUBLIC HEALTH & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 1952.

April 8, 1952.

Attorney(s) appearing for the Case

L.H. Weinstein, (J. Hunt, H.L. Berman, & J. Preston, Jr., with him,) for the petitioners Gifford and others.

J.W. Burke, (J.J. Monaghan with him,) for the respondent John Bowen Co., Inc.

E.C. Park, for the petitioner J. Slotnik Company.

C.H. Walters, Assistant Attorney General, for the respondents commissioner of public health and others.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & WILLIAMS, JJ.

WILKINS, J.

These two cases, which were tried together, present the same principal question: Was John Bowen Co., Inc., the "lowest responsible and eligible" general bidder on a contract for the construction of a chronic diseases hospital in Boston, a project subject to G.L. (Ter. Ed.) c. 149, §§ 44A-44D, inserted by St. 1939, c. 480, as amended?1 The contract was awarded by the department of public health (hereinafter called...

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