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ALPERT v. COMMONWEALTH

357 Mass. 306 (1970)

258 N.E.2d 755

EARL ALPERT, trustee in bankruptcy, vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 27, 1970.

Attorney(s) appearing for the Case

John E. Sheehy, Assistant Attorney General, for the Commonwealth.

George Michaels (Lawrence H. Adler, Fred B. Wilcon & Ruth R. Budd with him) for the petitioner.

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

SPIEGEL, J.

This petition against the Commonwealth was brought under G.L.c. 258. The original petitioners were three individuals who were doing business as a partnership under the name of Golden & O'Brien (hereinafter referred to as Golden). They sought to recover damages in the sum of $11,481.36 for "extra expenses and costs" in performing a highway and bridge construction contract with the Commonwealth. Subsequently, one Earl Alpert, trustee in bankruptcy of...

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