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GASTON ELECTRIC CO. v. AMERICAN CONSTRUCTION CO., INC.

336 Mass. 454 (1957)

146 N.E.2d 362

GASTON ELECTRIC COMPANY vs. AMERICAN CONSTRUCTION CO., INC., UNITED STATES OF AMERICA, claimant.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1957.

Attorney(s) appearing for the Case

Robert J. Hoffman, Assistant United States Attorney, (Charles F. Barrett, Assistant United States Attorney with him,) for the claimant.

Louis A. Zonderman, for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, COUNIHAN, WHITTEMORE, & CUTTER, JJ.

WILKINS, C.J.

In this action of contract in the Municipal Court of the City of Boston the plaintiff seeks to recover a balance of $4,498 due for labor and materials and for goods sold and delivered. The writ was dated March 11, 1954, and a bank was served as trustee on March 12, 1954. The writ was duly entered, and the trustee bank answered funds in the amount of $512.77. On October 29, 1954, "an answer by way of a suggestion of bankruptcy and motion to stay the proceedings...

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