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COMMONWEALTH v. MARINUCCI BROS. & CO. INC.

354 Mass. 743 (1968)

242 N.E.2d 418

COMMONWEALTH vs. MARINUCCI BROS. & CO. INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 2, 1968.

Attorney(s) appearing for the Case

James F. Sullivan for the defendant.

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

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

CUTTER, J.

On June 27, 1962, the defendant corporation (Marinucci) filed pleas of guilty to twenty-seven counts charging larceny from the Commonwealth's Department of Public Works (the department). On each of these counts it was fined. A further count (No. 28) was placed on file "on condition that ... [Marinucci] make restitution to the Commonwealth in an amount equal to that charged for ... [certain] disputed items [under...

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