LIMBACH CO. v. GEORGE B.H. MACOMBER CO.


357 Mass. 475 (1970)

258 N.E.2d 548

LIMBACH COMPANY vs. GEORGE B.H. MACOMBER COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1970.


Attorney(s) appearing for the Case

Stephen A. Hopkins for the defendant.

Joseph M. Corwin & Sally A. Corwin for the plaintiff.

Present: WILKINS, C.J., SPALDING, KIRK, REARDON, & QUIRICO, JJ.


SPALDING, J.

This bill for declaratory and other relief seeks a determination of whether a plumbing subcontractor was required to install certain internal piping in the construction of a building at the Massachusetts Institute of Technology (M I T). Both parties moved for a summary judgment pursuant to G.L.c. 231, § 59, as amended by St. 1965, c. 491, § 1. The plaintiff's motion was granted. Although the case was submitted on affidavits accompanying the...

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