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MEDFORD v. MARINUCCI BROS. & CO. INC.

344 Mass. 50 (1962)

181 N.E.2d 584

CITY OF MEDFORD vs. MARINUCCI BROS. & CO., INC. & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 3, 1962.

Attorney(s) appearing for the Case

Mark E. Gallagher, Jr., City Solicitor, for the plaintiff.

James F. Sullivan, for the defendant Marinucci Bros. & Co., Inc.

Richard J. Mulhern, for the defendant Boston and Maine Railroad.

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

WILKINS, C.J.

The defendant Marinucci Bros. & Co., Inc. (Marinucci) has a contract dated September 20, 1960, with the Commonwealth, acting through the Department of Public Works, for building a section of Interstate Highway 93, which is to run from New Hampshire to Boston and is being built in sections. Marinucci is to construct a bridge and ramp with an eight-lane roadway across the Mystic River (St. 1960, c. 541) south of Riverside Avenue and Medford Square...

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