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MARINUCCI BROS. & CO. INC. v. SEMPER CONSTR. CO. INC.

343 Mass. 738 (1962)

180 N.E.2d 683

MARINUCCI BROS. & CO. INC. vs. SEMPER CONSTRUCTION CO. INC. & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 9, 1962.

Attorney(s) appearing for the Case

James F. Sullivan, for the plaintiff.

Samuel H. Cohen, (Vincent Galvin with him,) for the defendant New Amsterdam Casualty Company.

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

WHITTEMORE, J.

The plaintiff (Marinucci), having under date of May 14, 1957, contracted with the Commonwealth to build a section of the Southeast Expressway, on May 1, 1958, made a subcontract with Semper Construction Co. Inc. (Semper) for Semper's delivery of fill material to the job site in Braintree. Semper as principal and New Amsterdam Casualty Company (New Amsterdam) as surety gave Marinucci a "Labor and Material Payment Bond" (Semper's bond) conditioned that...

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