JAMES J. WELCH & CO. v. DEPUTY COMM'R, CAP. PLAN. & OP


387 Mass. 662 (1982)

443 N.E.2d 382

JAMES J. WELCH & CO., INC. & others vs. DEPUTY COMMISSIONER OF CAPITAL PLANNING AND OPERATIONS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 2, 1982.


Attorney(s) appearing for the Case

Edward F. Vena for the plaintiffs.

William A. Mitchell, Assistant Attorney General, for the defendants.

Sally A. Corwin, for Associated Subcontractors of Massachusetts, amicus curiae, submitted a brief.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

This is an action for declaratory relief under G.L.c. 231A and for relief in the nature of mandamus under G.L.c. 249, § 5, brought against the deputy commissioner of the Division of Capital Planning and Operations (DCPO), a State agency, and against the DCPO itself. The action was filed in the county court. The plaintiffs, James J. Welch & Co., Inc. (Welch), and a joint venture organization composed of...

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