CAPITOL INDEM. CORP. v. FREEDOM HOUSE DEVELOPMENT

Civ. A. No. 74-1682-Z.

487 F.Supp. 839 (1980)

CAPITOL INDEMNITY CORPORATION v. FREEDOM HOUSE DEVELOPMENT CORPORATION, Massachusetts Housing Finance Agency, Patricia A. Harris, Secretary of the Department of Housing and Urban Development, Henry C. Boles, Lawyers Title Insurance Corporation, and First Minnesota Construction Company.

United States District Court, D. Massachusetts.

February 1, 1980.


Attorney(s) appearing for the Case

Michael J. Glazerman, Allen N. David, Robert D. Power, Peabody & Arnold, Boston, Mass., for Capitol Indemnity Corp.

Lawrence L. Blacker, Cardozo, Matera, Schwartzman & Blacker, Boston, Mass., for Freedom House Development Corp.

Albert F. Cullen, Jr., Cullen & Wall, Boston, Mass., for Massachusetts Housing Finance Agency.

Marshall D. Stein, Charles K. Mone, Asst. U. S. Attys., Boston, Mass., for Department of Housing and Urban Development.

E. R. Langenbach, Scott Tucker, R. D. Maciolek, Parker, Coulter, Daley & White, Boston, Mass., for Henry C. Boles.

Haskell Shapiro, Acheson H. Callaghan, Jr., Palmer & Dodge, Boston, Mass., for Lawyers Title Insurance Corp.

Irving H. Sheff, Boston, Mass., for First Minnesota Construction Co.

Andrew Lane, Gaston Snow & Ely Bartlett, Boston, Mass., for Antonio De J. Cardozo.


MEMORANDUM OF DECISION

ZOBEL, District Judge.

This action arises from the failure of parties to a "Section 236" federally subsidized housing construction project1 in Dorchester, Massachusetts to complete construction of the project according to the terms of their 1971 agreements. The project, Brunswick Gardens, was not finished on July 1, 1972, as the contract required. Construction was fifty percent complete at that time and...

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