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INDUS. ENG'G & METAL FABRIC. v. FONTAINE BROS.

2 Mass. App. Ct. 695 (1974)

319 N.E.2d 726

INDUSTRIAL ENGINEERING & METAL FABRICATORS, INC. vs. FONTAINE BROS. & another; CITY OF PEABODY, third-party defendant.

Appeals Court of Massachusetts, Middlesex.

December 9, 1974.

Attorney(s) appearing for the Case

Charles J. Speleotis, Assistant City Solicitor, for the city of Peabody.

Robert B. Stimpson for Fontaine Brothers & another.

Sally A. Corwin (Joseph M. Corwin with her) for Industrial Engineering & Metal Fabricators, Inc.

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

GRANT, J.

This is a bill brought by Industrial, as the miscellaneous and ornamental iron subcontractor, against the general contractor (Fontaine) on a 1970 contract for the construction of a new high school building in the city of Peabody (city) by which Industrial sought declaratory relief with respect to and payment for certain channel and angle closures (closures) which it had installed in the building under protest and which it claimed were not required of it...

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