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A. LEO NASH STEEL v. SOUTHERN NEW ENGLAND STEEL

9 Mass. App. Ct. 377 (1980)

402 N.E.2d 71

A. LEO NASH STEEL CORPORATION vs. SOUTHERN NEW ENGLAND STEEL ERECTION COMPANY, INC., & another.

Appeals Court of Massachusetts, Berkshire.

March 18, 1980.

Attorney(s) appearing for the Case

Daniel H. Kelleher for Commercial Union Insurance Company (Richard M. Canzano, for Southern New England Steel Erection Company, Inc., with him).

David O. Burbank for the plaintiff.

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

NOLAN, J.

This is an action by A. Leo Nash Steel Corporation (Nash) against Southern New England Steel Erection Co., Inc. (Southern), for damages for breach of contract, and against Commercial Union Insurance Company (Commercial Union) on a performance bond in the amount of $43,150 which named Commercial Union as surety, Southern as principal, and Nash as obligee. The case was referred to a master by an order of reference pursuant to Mass.R.Civ.P. 53, as amended,...

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