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SEARS, ROEBUCK & CO v. SCH. COMM. OF BURLINGTON

3 Mass. App. Ct. 399 (1975)

331 N.E.2d 551

SEARS, ROEBUCK & CO. vs. SCHOOL COMMITTEE OF BURLINGTON & another.

Appeals Court of Massachusetts, Middlesex.

July 30, 1975.

Attorney(s) appearing for the Case

David P. Skerry (Charles R. Bennett with him) for the plaintiff.

David Berman, Town Counsel, for the School Committee of Burlington, submitted a brief.

Anthony Galluccio, for the Department of Labor and Industries, amicus curiae, submitted a brief.

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

ARMSTRONG, J.

On April 9, 1974, the defendant school committee awarded a contract for the furnishing and installation of carpeting in a school to the defendant John Keene, doing business as Keene Carpets Co. (Keene), notwithstanding the lower bid submitted by the plaintiff (Sears). Sears brought this bill in which it sought a declaration that the award was invalid under the provisions of G.L.c. 149, § 44A, an injunction against the performance of the contract...

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