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FIRST NATIONAL INS. CO. OF AMERICA v. COMMONWEALTH

391 Mass. 321 (1984)

461 N.E.2d 789

FIRST NATIONAL INSURANCE COMPANY OF AMERICA vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1984.

Attorney(s) appearing for the Case

Alexander H. Pratt, Jr., for the plaintiff.

Richard E. Rafferty, Assistant Attorney General, for the Commonwealth.

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

O'CONNOR, J.

First National Insurance Company of America (Surety), surety on performance and payment bonds for a public building contract, seeks to recover from the Commonwealth the value of a progress payment made by the Commonwealth to the contractor. The Surety, who completed performance on the contract after the contractor's default, alleges that the Commonwealth's failure to stop payment on the progress payment check violated the Surety's subrogation rights to...

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