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MODERN CONTINENTAL CONSTRUCTION CO. v. LOWELL

391 Mass. 829 (1984)

465 N.E.2d 1173

THE MODERN CONTINENTAL CONSTRUCTION CO., INC. vs. CITY OF LOWELL & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 1984.

Attorney(s) appearing for the Case

John J. Spignesi (Thomas E. Sweeney, Assistant City Solicitor, with him) for the defendants.

Charles E. Schaub, Jr., for the plaintiff.

Stephen E. Cotton, for the Inspector General, amicus curiae, submitted a brief.

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

John P. Davey & Ellen C. Davey, for Utility Contractors Association of New England, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

NOLAN, J.

The city of Lowell (Lowell) and P. Gioioso & Sons, Inc. (Gioioso), sought relief in the Appeals Court, pursuant to the first paragraph of G.L.c. 231, § 118, from a preliminary injunction issued by a Superior Court judge in an action by The Modern Continental Construction Co., Inc. (Modern Continental). The preliminary injunction restrains Lowell from awarding a contract to Gioioso or any other party for the construction of a regional and municipal...

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