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R. ZOPPO CO. INC. v. COMMONWEALTH

353 Mass. 401 (1967)

232 N.E.2d 346

R. ZOPPO CO., INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

December 12, 1967.

Attorney(s) appearing for the Case

John R. Murphy for the petitioner.

Robert C. Gerrard, Deputy Assistant Attorney General, for the Commonwealth.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.

REARDON, J.

This is a petition under G.L.c. 258 to recover for work and expense allegedly incurred by the petitioner during the performance of a contract with the Commonwealth acting through the Metropolitan District Commission (Commission). Both the petitioner and the respondent filed motions for judgment on undisputed facts in the pleadings and affidavits of counsel, each seeking entry of judgment in its favor1 under G.L.c. 231, §...

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