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JOSEPH E. BENNETT CO. v. TRIO INDUSTRIES, INC.

No. 5906.

306 F.2d 546 (1962)

JOSEPH E. BENNETT CO., Inc., Defendant, Appellant, v. TRIO INDUSTRIES, INC., Plaintiff, Appellee.

United States Court of Appeals First Circuit.

Decided August 8, 1962.

Attorney(s) appearing for the Case

Harold M. Linsky, Boston, Mass., with whom Arthur E. Nicholson, Boston, Mass., was on brief, for appellant.

Donal O'Callaghan, Boston, Mass., for appellee.

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

WOODBURY, Chief Judge.

The plaintiff-appellee, a New York corporation with its principal place of business in Connecticut, filed an action in the court below sounding in contract against the defendant-appellant, a Massachusetts corporation with its principal place of business in Brookline in that Commonwealth. The action is stated in two counts. In the first count the plaintiff alleges its performance according to specifications of a contract entered into with the...

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