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VOLPE CONSTR. CO. v. TRUSTEES OF TUFTS COLLEGE

1 Mass. App. Ct. 38 (1973)

294 N.E.2d 476

VOLPE CONSTRUCTION CO., INC. vs. THE TRUSTEES OF TUFTS COLLEGE.

Appeals Court of Massachusetts, Middlesex.

January 15, 1973.

Attorney(s) appearing for the Case

David Berman for the plaintiff.

Gordon L. Doerfer for the defendent.

Present: HALE, C.J., KEVILLE, & GRANT, JJ.

HALE, C.J.

Volpe Construction Company, Inc. (Volpe) brought this action of contract in the Superior Court against the Trustees of Tufts College (Tufts) to recover money for labor and materials claimed to be due under a written contract for the construction of a college dormitory. At that time there was pending in the same court a bill for declaratory relief brought by Tufts against Volpe to determine the rights and duties of the parties under the same contract as...

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