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SCADUTO v. ORLANDO

No. 114, Docket 28933.

340 F.2d 293 (1965)

Joseph SCADUTO, Plaintiff-Appellee, v. Anthony J. ORLANDO, d/b/a A. J. Orlando Contracting Co., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 12, 1965.

Certiorari Denied April 26, 1965.

Attorney(s) appearing for the Case

George H. Foley, Boston, Mass. (S. Donald Gonson, Hale & Dorr, Boston, Mass., on the brief), for defendant-appellant.

Leo H. Raines, New York City (Lawrence C. Gutman, Raines & Gutman, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

Certiorari Denied April 26, 1965. See 85 S.Ct. 1341.

ANDERSON, Circuit Judge.

The defendant, Anthony J. Orlando, a road builder, entered into a contract in April of 1955 with the Massachusetts Turnpike Authority to construct 4.89 miles of the Massachusetts Turnpike in the Towns of Brimfield and Warren. On July 15, 1955 in New York City, Orlando made a subcontract in writing with Scaduto Bros. Trucking, Inc. (Scaduto Bros.) under the terms of which, at certain...

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