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M. DeMATTEO CONSTRUCTION CO. v. COMMONWEALTH

338 Mass. 568 (1959)

156 N.E.2d 659

M. DeMATTEO CONSTRUCTION COMPANY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

February 27, 1959.

Attorney(s) appearing for the Case

Samuel H. Cohen, Assistant Attorney General, (James J. Kelleher with him,) for the Commonwealth.

Herman Snyder, (Richmond I. Bailen with him,) for the petitioner.

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

WILKINS, C.J.

This petition pursuant to G.L.c. 258 is to recover for work done under a contract with the Commonwealth, acting through the department of public works, for the building of structures and roadways in the Sullivan Square area of Boston. The work was part of an accelerated highway program authorized by St. 1949, c. 306. The performance of the entire contract involved the widening of Rutherford Avenue and of Alford Street; the revision of a traffic circle...

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