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PIONEER STEEL ERECTORS, INC. v. COMMONWEALTH

344 Mass. 195 (1962)

181 N.E.2d 670

PIONEER STEEL ERECTORS, INC. vs. COMMONWEALTH (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1962.

Attorney(s) appearing for the Case

Douglas L. Ley, (James H. Donovan with him,) for the petitioner.

Kevin R. Doyle, Assistant Attorney General, for the respondents.

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

WHITTEMORE, J.

Pioneer Steel Erectors, Inc. (Pioneer), an unpaid subcontractor on a highway project, petitioned under G.L.c. 258, §§ 1 and 2, to establish a claim against the Commonwealth under G.L.c. 30, § 39F.1 It also petitioned for a writ of mandamus to require the Commissioners of Public Works to pay it out of sums payable to the principal contractor. A demurrer of the Commonwealth...

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