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FRED C. McCLEAN HEATING SUPPLIES v. JEFFERSON CONSTR.

339 Mass. 356 (1959)

159 N.E.2d 95

FRED C. McCLEAN HEATING SUPPLIES, INC. vs. JEFFERSON CONSTRUCTION CO. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 8, 1959.

Attorney(s) appearing for the Case

Edward C. Park; (Morris Sokolove with him,) for Jefferson Construction Co.

Charles V. Ryan, for the plaintiff.

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

CUTTER, J.

This is a bill in equity brought by a subcontractor to establish a lien (see G.L.c. 30, § 39, as amended through St. 1935, c. 472, § 12) for amounts not paid under its subcontract (a) upon money retained by the Commonwealth from amounts owing to the prime contractor, Jefferson Construction Co. (hereinafter called Jefferson), for construction at a teachers college, and (b) against a bond, executed by Jefferson and a...

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