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COUNTY OF MIDDLESEX v. GEVYN CONSTRUCTION CORP.

No. 71-1175.

450 F.2d 53 (1971)

COUNTY OF MIDDLESEX, Plaintiff, Appellant, v. GEVYN CONSTRUCTION CORP., Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 28, 1971.

Attorney(s) appearing for the Case

Henry Paul Monaghan, Boston, Mass., with whom John Paul Sullivan, Foley, Hoag & Eliot, R. Robert Popeo, John P. Birmingham, Jr., and Mintz, Levin, Cohn & Glovsky, Boston, Mass., were on brief, for appellant.

Leslie A. Hynes, New York City, with whom Hynes & Diamond, New York City, Joseph T. Fahy, Cornelius J. Moynihan, Jr., Peabody, Brown, Rowley & Storey, Boston, Mass., William D. Powers, New York City, and Robert J. Stern, Mamaroneck, N. Y., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This issue arises, one of many, from a singularly unhappy contract to construct a courthouse for the County of Middlesex by Gevyn Construction Corp. After mounting difficulties in the spring of 1970, when the parties negotiated concerning a claim by Gevyn for damages for delay occasioned by additional work, each party's dissatisfaction with the other mounted to the point where Gevyn threatened to and allegedly did suspend work on the project...

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