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FABRIZIO & MARTIN, INC. v. BOARD OF EDUCATION, ETC.

Nos. 206, 339, 340, Docket 74-1661, 74-1699, 74-1706.

523 F.2d 378 (1975)

FABRIZIO & MARTIN, INCORPORATED, Plaintiff-Appellee-Appellant, v. BOARD OF EDUCATION CENTRAL SCHOOL DISTRICT NO. 2 OF the TOWNS OF BEDFORD ET AL., Defendant, The Board of Education Central School District No. 2 of the Towns of Bedford Et Al., Defendant-Appellant-Appellee, Aetna Casualty & Surety Co., Additional Defendant on the Counterclaim of Defendant Board of Education, Defendant-Appellee-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1975.

Attorney(s) appearing for the Case

Burton M. Weinstein, Bridgeport, Conn. (Weinstein, Krulewitz & Weiner, Bridgeport, Conn., on the brief), for plaintiff-appellee-appellant.

Louis E. Yavner, New York City (Jeffrey H. Gallet and Robert I. Oziel, New York City, on the brief), for defendant-appellant-appellee Bd. of Ed.

Julius L. Schapira, New York City (Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky, David A. Trager, George N. Toplitz, New York City, on the brief), for defendant-appellee-appellant Aetna Cas. & Sur. Co.

Before CLARK, Associate Justice, and MOORE and TIMBERS, Circuit Judges.

MOORE, Circuit Judge:

In November 1963 the Board of Education Central School District No. 2 of the Towns of Bedford, New Castle, North Castle and Pound Ridge (the Board) had before it the question of the construction of a new school to be known as the Bedford Middle School. Even then there must have been controversy in the Board because the vote was three to two to proceed. Controversy has been plaguing all parties connected with the construction over the last twelve...

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