POWERS REGULATOR CO. v. JOSEPH RUGO, INC.


348 Mass. 233 (1964)

202 N.E.2d 799

POWERS REGULATOR COMPANY vs. JOSEPH RUGO, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

December 8, 1964.


Attorney(s) appearing for the Case

George H. McDermott for Joseph Rugo, Inc. & others.

Thomas L. Mackin, for Powers Regulator Company, submitted a brief.

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


WHITTEMORE, J.

The petitioner (Powers) by intervention in pending proceedings in the Superior Court under G.L.c. 149, § 29, sought and obtained an adjudication of its right as sub subcontractor to be paid from the statutory bond given by Joseph Rugo, Inc. (Rugo), under § 29 as the general contractor for the construction for the Massachusetts Port Authority of a hangar at Logan Airport. Rugo and the two sureties on the bond have appealed from the final decree...

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