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LIZZA AND SONS, INC. v. D'ONFRO

No. 5571.

282 F.2d 175 (1960)

LIZZA AND SONS, INC., Plaintiff, Appellant, v. Daniel A. D'ONFRO et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

August 18, 1960.

Attorney(s) appearing for the Case

John L. Saltonstall, Jr., Boston, Mass., with whom Carl M. Sapers and Hill, Barlow, Goodale & Adams, Boston, Mass., were on brief, for appellant.

Hugh J. Corcoran, Springfield, Mass., with whom Richard S. Milstein, Springfield, Mass., Isadore A. Solomon, Attilio R. Antonioni, Leominster, Mass., and Ely, King, Kingsbury & Corcoran, Springfield, Mass., were on brief, for appellees.

Before WOODBURY, Chief Judge, HARTIGAN, Circuit Judge, and DAY, District Judge.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts entered May 29, 1959 dismissing plaintiff's complaint against the defendants.

Plaintiff, Lizza and Sons, Inc. [hereinafter referred to as Lizza], is a general construction contractor. Lizza was awarded a contract by the Massachusetts Turnpike Authority for construction of the Lee-Becket section of the Massachusetts Turnpike. Defendants...

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