GRIFFITHS, J., December 18, 1964.
James D. Morrissey, Inc., was the low bidder for certain municipal grading, cutting, fill work, and drainage ditch excavation under the aegis of the Department of Streets, the two bids totaling $22,635.90. Thereafter, and before an award was made to Morrissey, Thomas M. Durkin & Sons, an unsuccessful bidder, realizing it would have need for the fill made available by an award of the contract to it, offered to do the grade work...
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