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RUDOLPH v. CITY MANAGER OF CAMBRIDGE

341 Mass. 31 (1960)

167 N.E.2d 151

BERNARD RUDOLPH & others vs. CITY MANAGER OF CAMBRIDGE & others.

Supreme Judicial Court of Massachusetts, Middlesex.

May 4, 1960.

Attorney(s) appearing for the Case

Richard D. Gerould, City Solicitor, for the City Manager of Cambridge and another.

Harold Rosenwald, (Paul A. Powell with him,) for Columbia Cornice Company.

Joseph M. Corwin, for the petitioners and another.

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

WHITTEMORE, J.

This is primarily a petition brought in the Superior Court by more than ten taxable inhabitants of Cambridge, under G.L.c. 40, § 53, to restrain the city manager and city treasurer (the respondents) from paying out money of the city for roofing and flashing work under a contract for the construction of a school building. A demurrer was overruled and the respondents appealed. The grounds stated were that the allegations were insufficient in law...

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