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FARINA BROTHERS CO. INC. v. COMMONWEALTH

357 Mass. 131 (1970)

257 N.E.2d 450

FARINA BROTHERS CO., INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 2, 1970.

Attorney(s) appearing for the Case

John E. Sheehy, Assistant Attorney General (Peter R. Leone, Assistant Attorney General, with him), for the Commonwealth.

Francis V. Matera for the petitioner.

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

REARDON, J.

Farina Brothers Co., Inc. sought damages in a petition brought under G.L.c. 258 for an alleged breach of a contract which it had with the Commonwealth. The petition, as amended, advanced six claims. The case was referred to, and heard by, an auditor with findings of fact not final. Thereafter the case was heard before a judge of the Superior Court who made findings and rulings in favor of the petitioner. A motion by the Commonwealth to strike portions...

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