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MANGANARO BROS., INC. v. GEVYN CONST. CORP.

No. 79-1282.

610 F.2d 23 (1979)

MANGANARO BROTHERS, INC., Plaintiff, Appellee, v. GEVYN CONSTRUCTION CORP., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 5, 1979.

Attorney(s) appearing for the Case

Cornelius J. Moynihan, Jr., Boston, Mass., with whom Peabody, Brown, Rowley & Storey, Boston, Mass., Leslie A. Hynes and Hynes, Diamond & Reidy, New York City, were on brief, for defendant, appellant.

Peter J. Gagne, Boston, Mass., with whom Sally A. Corwin, Joseph M. Corwin and Corwin & Corwin, Boston, Mass., were on brief for plaintiff, appellee.

Before COFFIN, Chief Judge, ALDRICH, Circuit Judge, BONSAL, District Judge.

ALDRICH, Senior Circuit Judge.

In 1967, Middlesex County, Commonwealth of Massachusetts, contracted with defendant Gevyn Construction Corporation, as general contractor, to build a courthouse. Defendant entered into a number of subcontracts, including one with plaintiff Manganaro Brothers, Inc. When plaintiff's work was partially completed, County terminated the prime contract, and on learning this, plaintiff ceased work. Plaintiff sued Gevyn on two grounds, for payment...

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