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MONADNOCK DISPLAY FIREWORKS, INC. v. ANDOVER

388 Mass. 153 (1983)

445 N.E.2d 1053

MONADNOCK DISPLAY FIREWORKS, INC. vs. TOWN OF ANDOVER.

Supreme Judicial Court of Massachusetts, Essex.

February 11, 1983.

Attorney(s) appearing for the Case

John P. Ryan for the plaintiff.

Alfred L. Daniels, Town Counsel, for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

The plaintiff, Monadnock Display Fireworks, Inc. (Monadnock), appeals from a judgment for the defendant, the town of Andover, which was based on the doctrine of sovereign immunity. We hold that sovereign immunity is not a defense to Monadnock's claim for indemnity grounded on breach of contract, and we reverse the judgment.

The original complaint alleged a right of contribution toward a payment of $66,000 made by Monadnock to Robert

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