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A. SHAPIRO REALTY CORPORATION v. BURGESS BROTHERS, INC.

Nos. 73-1155, 73-1156.

491 F.2d 327 (1974)

A. SHAPIRO REALTY CORPORATION, Plaintiff-Appellant, v. BURGESS BROTHERS, INC., Defendant-Appellee. A. SHAPIRO & SONS, INC., Plaintiff-Appellant, v. BURGESS BROTHERS, INC., Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Albert P. Zabin, Boston, Mass., with whom Schneider & Reilly, Inc., Boston, Mass., was on brief, for plaintiffs-appellants.

Thomas R. Morse, Boxborough, Mass., with whom Philander S. Ratzkoff, Boston, Mass., was on brief, for defendant-appellee.

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

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs (collectively "Shapiro") owned two buildings in North Adams, Massachusetts, the "Old Eagle Mill" and an adjacent modern structure built in the 1950's. Shapiro hired defendant Burgess, a Vermont wrecking firm, to tear down the Old Eagle Mill, under a contract which called for Burgess to leave the newer building intact. While Burgess was engaged in wrecking the older building, a fire suddenly occurred destroying both buildings...

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