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PHILIP CAREY MFG. CO. v. JOSEPH RUGO, INC.

346 Mass. 206 (1963)

190 N.E.2d 890

THE PHILIP CAREY MANUFACTURING COMPANY vs. JOSEPH RUGO, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 4, 1963.

Attorney(s) appearing for the Case

George H. McDermott for the defendants.

Irvin M. Davis (Peter F. Davis with him) for the plaintiff.

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

WHITTEMORE, J.

This bill in equity was brought to obtain the benefit of the bond given by the defendants, Joseph Rugo, Inc. (Rugo), and two insurance companies, as the statutory security required by G.L.c. 149, § 29, as amended through St. 1957, c. 682, § 1. The plaintiff (Carey) was a supplier of a subcontractor under a contract of September 18, 1959, between Rugo and the Massachusetts Port Authority

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