FERBER COMPANY v. ONDRICK

No. 6015.

310 F.2d 462 (1962)

The FERBER COMPANY et al., Plaintiffs, Appellants, v. Theodore J. ONDRICK et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

November 28, 1962.


Attorney(s) appearing for the Case

Gerson Askinas, Springfield, Mass., for appellants.

John H. Goewey, Worcester, Mass., and William T. Conlan, Boston, Mass, with whom Bowditch, Gowetz & Lane, Worcester, Mass., and Ely, Bartlett, Brown & Proctor, Boston, Mass., were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

Ferber, short for two New Jersey corporations, joint venturers, was the prime contractor engaged in the construction of a housing project for a government Air Force base in Chicopee, Massachusetts. In August, 1958 Ferber entered into a subcontract with two other joint venturers, Ondrick, a citizen of Massachusetts, and Wilbraham Construction Corporation, a Massachusetts corporation, to do certain clearing, excavation, filling and drainage....

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