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DANVERS v. WEXLER CONSTRUCTION, U. ELEC. CONTR

12 Mass. App. Ct. 160 (1981)

422 N.E.2d 782

TOWN OF DANVERS vs. WEXLER CONSTRUCTION CO., INC., & others; UNITED ELECTRICAL CONTRACTORS, INC., & another, third-party defendants.

Appeals Court of Massachusetts, Essex.

June 30, 1981.

Attorney(s) appearing for the Case

Peter J. McCue for United Electrical Contractors, Inc., & another.

Robert J. Sherer for Wexler Construction Co., Inc.

Present: GREANEY, CUTTER, & KASS, JJ.

GREANEY, J.

This is an appeal from the Superior Court's refusal to stay proceedings on a third-party complaint pending arbitration. We conclude that a stay should have been granted.

The parties have agreed on the facts. The underlying dispute arose out of a construction contract for renovations and an addition to the Danvers High School. The town (the owner of the school) brought suit against Wexler, the...

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