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ANTONELLI CONSTRUCTION CO. v. AETNA CAS. & SURETY CO.

354 Mass. 465 (1968)

238 N.E.2d 39

ANTONELLI CONSTRUCTION CO., INC. vs. THE AETNA CASUALTY AND SURETY COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

June 7, 1968.

Attorney(s) appearing for the Case

Edward O. Proctor for The Aetna Casualty and Surety Company.

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

KIRK, J.

Antonelli, general contractor for certain improvements at Fitchburg State Teachers College, brought this action of contract against Aetna as surety on the performance bond of Acme Electric Contractors Co., Inc., a subcontractor. Under G.L.c. 231, § 4B, inserted by St. 1964, c. 696, Aetna impleaded as third party defendants Acme, Charles Beike, and Sophie Beike, who had executed an agreement to indemnify Aetna on the bond. The case was referred to an...

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