NEW ENGLAND CONCRETE PIPE CORP. v. D/C SYSTEMS, ETC.

Nos. 80-1682, 80-1683.

658 F.2d 867 (1981)

NEW ENGLAND CONCRETE PIPE CORPORATION, Plaintiff-Appellant, v. D/C SYSTEMS OF NEW ENGLAND, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided September 11, 1981.


Attorney(s) appearing for the Case

Arnold P. Messing, Boston, Mass., with whom Margaret H. Marshall, Peter A. Zheutlin and Csaplar & Bok, Boston, Mass., were on brief, for Massachusetts Housing Finance Agency.

Terrance J. Hamilton, Boston, Mass., with whom David M. Roseman and Chaplin, Casner & Edwards, Boston, Mass., were on brief, for New England Concrete Pipe Corp.

John M. Reed, Boston, Mass., with whom Philip M. Cronin and Withington, Cross, Park & Groden, Boston, Mass., were on brief, for Dwight Building Co. and Westinghouse Elec. Corp.

Loring A. Cook, III, Boston, Mass., with whom Roche, Carens & DeCiacomo, Boston, Mass., was on brief, for Sydney and Winn, etc.

Before BOWNES and BREYER, Circuit Judges, and WYZANSKI, Senior District Judge.


BOWNES, Circuit Judge.

This case presents cross-appeals from the district court's final resolution of a dispute over payment on a sub-subcontract for work performed by the plaintiff as part of the construction of Mystic Valley Towers, a private housing project located in Medford, Massachusetts. Because we conclude that the district court lacked subject matter jurisdiction, we vacate the judgment.

In February, 1974, Mystic Valley Towers Associates (the Owners...

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