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MOSAIC TILE CO. v. RUSCO PRODUCTS OF MASS., INC.

350 Mass. 433 (1966)

215 N.E.2d 171

MOSAIC TILE COMPANY vs. RUSCO PRODUCTS OF MASSACHUSETTS, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 11, 1966.

Attorney(s) appearing for the Case

Lawrence A. Ruttman for the plaintiff.

Barry J. Walker for Rusco Products of Massachusetts, Inc. & another (Abraham Margolis, for Wexler Construction Company, Inc. & another, with him).

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & REARDON, JJ.

KIRK, J.

By this bill in equity the plaintiff, an Ohio corporation, seeks to establish its right to payment for materials furnished by it for use in the construction of a school building in Framingham (the town). No appeal has been taken from a final decree dismissing the bill as against the town. It does not appear from the record that the defendant trustee in bankruptcy of Structural Panel Corporation (Structural), a Connecticut...

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