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NEW ENGLAND POWER CO. v. RILEY STOKER CORP.

20 Mass. App. Ct. 25 (1985)

477 N.E.2d 1054

NEW ENGLAND POWER COMPANY & another vs. RILEY STOKER CORPORATION.

Appeals Court of Massachusetts, Essex.

May 14, 1985.

Attorney(s) appearing for the Case

Arnold P. Messing (Leonard M. Singer, Mark S. Swartz & John F. Sherman, III, with him) for the plaintiffs.

Thomas R. Murtagh (Kenneth J. Gumbiner with him) for the defendant.

Present: PERRETTA, DREBEN, & KASS, JJ.

PERRETTA, J.

In 1969, the plaintiffs (referred to herein, in the singular, as NEP) entered into two contracts with the defendant (Riley) for the design, manufacture, and installation of two boilers for NEP's facilities at Salem and Brayton Point (Fall River). A detailed description of the boilers is unnecessary. It is sufficient to state, as did NEP in its amended complaint,2 that "[b]oilers such as these are technologically complex and...

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