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MANUEL F. SPENCER & SON, INC. v. COMMONWEALTH

16 Mass. App. Ct. 290 (1983)

450 N.E.2d 1105

MANUEL F. SPENCER & SON, INC. vs. COMMONWEALTH (and two companion cases).

Appeals Court of Massachusetts, Suffolk.

June 30, 1983.

Attorney(s) appearing for the Case

Peter F. Davis for Ashland Oil, Inc.

Harvey B. Heafitz (Timothy R. Dunne with him) for Manuel F. Spencer & Son, Inc.

Edward J. Quinlan, Assistant Attorney General, for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & KASS, JJ.

KAPLAN, J.

Our main task on these appeals is to make our way through their procedural entanglements. At the end of the trial lie a few narrow substantive questions.

We begin with a bare sketch of the facts.2 The Commonwealth contracted with Ashland Oil, Inc. (Ashland), for the reconstruction of an eleven mile stretch of Route 3 from Duxbury to Plymouth. Ashland, as general contractor, entered into two contracts, dated March 15...

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