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SYLVANIA ELECTRIC PRODUCTS, INC. v. FLANAGAN

No. 6562.

352 F.2d 1005 (1965)

SYLVANIA ELECTRIC PRODUCTS, INC., Defendant, Appellant, v. Paul L. FLANAGAN, d/b/a Paul L. Flanagan and Sons, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

November 22, 1965.

Attorney(s) appearing for the Case

George T. Finnegan, Boston, Mass., with whom Ropes & Gray, Boston, Mass., was on brief, for appellant.

Harold Brown, Boston, Mass., for appellee.

Before ALDRICH, Chief Judge, McENTEE, Circuit Judge, and CAFFREY, District Judge.

McENTEE, Circuit Judge.

Plaintiff, Paul L. Flanagan, d/b/a Paul L. Flanagan and Sons, is a trucker and hauler of sand, gravel, stone and other similar materials. In the spring of 1963, defendant, Sylvania Electric Products, Inc., engaged a general contractor to construct a parking lot for it at its plant in Needham, Massachusetts. There was a hill or ledge on this site which had to be removed at the beginning of the job...

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