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LONG ISLAND PAINTING CORP. v. BEACON CONSTRUCTION CO.

345 Mass. 567 (1963)

188 N.E.2d 857

LONG ISLAND PAINTING CORP. vs. BEACON CONSTRUCTION COMPANY, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 1963.

Attorney(s) appearing for the Case

William D. Quigley, Assistant Attorney General, for Metropolitan District Commission.

Robert J. Sherer (Frederick W. Roche with him) for Beacon Construction Company, Inc.

Walter J. Hurley (Vincent J. Cosgrove with him) for the plaintiff.

Joseph M. Corwin, Sally A. Corwin, & Jerome A. McCusker, for Associated Subcontractors of Massachusetts, amicus curiae, submitted a brief.

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

WHITTEMORE, J.

The final decree of June 1, 1962, in the Superior Court on this bill for a declaratory decree under G.L.c. 231A ordered that the defendant Metropolitan District Commission (M.D.C.) pay to the plaintiff $19,977.66 out of the sum retained by M.D.C. under a general contract with Beacon Construction Company, Inc. (Beacon), dated April 24, 1959, for the reconstruction of Longfellow Bridge.

Beacon and Maryland Casualty Company (Maryland) were parties...

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