KIRK, J.
The plaintiff (Lawrence) brought this bill under G.L.c. 149, § 29, as amended, to recover payments allegedly due on its subcontract, executed April 30, 1965, with Varrasso, the prime contractor for the construction of a public housing project in Waltham. The case is before us on Lawrence's appeal from an amended final decree dismissing the bill as to Varrasso without prejudice and as to the surety with prejudice. The evidence is reported. The judge made...
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