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SUPERIOR GLASS CO. v. FIRST BRISTOL COUNTY NATL. BK.

380 Mass. 829 (1980)

406 N.E.2d 672

SUPERIOR GLASS COMPANY, INC. vs. FIRST BRISTOL COUNTY NATIONAL BANK & another (and a companion case).

Supreme Judicial Court of Massachusetts, Bristol.

June 5, 1980.

Attorney(s) appearing for the Case

Marc E. Antine for the First Bristol County National Bank.

Stephen D. Clapp for the Superior Glass Company, Inc. & another.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.

BRAUCHER, J.

The plaintiffs are two unpaid subcontractors on a construction project. They recovered judgments against the owner on a theory of unjust enrichment, and the Appeals Court affirmed the judgments, holding that the owner had a "fiduciary duty" derived "from the peculiar combination of circumstances in this case." Superior Glass Co. v. First Bristol County Nat'l Bank, 8 Mass.App.Ct. 356, 362 (1979...

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