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WESTCOTT CONSTR. CORP. v. CUMBERLAND CONSTR. CO

3 Mass. App. Ct. 294 (1975)

328 N.E.2d 522

WESTCOTT CONSTRUCTION CORPORATION vs. CUMBERLAND CONSTRUCTION COMPANY, INC.

Appeals Court of Massachusetts, Norfolk.

May 23, 1975.

Attorney(s) appearing for the Case

Charlotte Anne Perretta (Peter Macktaz & Richard Kirby of Rhode Island with her) for Cumberland Construction Company, Inc.

Robert J. Sherer (Frank M. Capezzera with him) for the plaintiff.

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

ARMSTRONG, J.

This is a bill for declaratory relief in which the plaintiff (Westcott Construction) seeks to establish the propriety of the general bid submitted by it to the Joint Board of Water Commissioners of the towns of Abington and Rockland (board) for the construction of a project subject to G.L.c. 149, §§ 44A-44L. While Westcott Construction's bid was the lowest one submitted, the defendant (Cumberland), the second lowest bidder, challenged the legality...

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