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BOSTON EDISON CO. v. CAMPANELLA & CARDI CONST. CO.

No. 5520.

272 F.2d 430 (1959)

BOSTON EDISON COMPANY, Plaintiff, Appellant, v. CAMPANELLA & CARDI CONSTRUCTION COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

November 30, 1959.

Attorney(s) appearing for the Case

Finley H. Perry, Boston, Mass., with whom Johnson, Clapp, Ives & King, Boston, Mass., was on brief, for appellant.

Robert W. Cornell, Boston, Mass., with whom George E. Donovan and Badger, Pratt, Doyle & Badger, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is a diversity action brought by plaintiff-appellant Boston Edison Company, hereinafter sometimes called Edison, to recover for damage to two transmission poles resulting from construction work done by the defendant contractor, hereinafter called Campanella, pursuant to a contract with the Department of Public Works of the Commonwealth of Massachusetts. Jurisdiction adequately appeared. The case was tried on an agreed statement of facts...

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