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CHASE PRECAST v. JOHN J PAONESSA, COMMONWEALTH

No. 88-P-734.

28 Mass. App. Ct. 639 (1990)

554 N.E.2d 868

CHASE PRECAST CORPORATION vs. JOHN J. PAONESSA COMPANY, INC. & another; COMMONWEALTH, third-party defendant.

Appeals Court of Massachusetts, Worcester.

June 1, 1990.

Attorney(s) appearing for the Case

David A. Talman for the plaintiff.

John J. Spignesi for John J. Paonessa Co., Inc.

Gerald K. Kelley, Assistant Attorney General, for the Commonwealth.

Present: ARMSTRONG, KAPLAN, & DREBEN, JJ.

ARMSTRONG, J.

The plaintiff (Chase), a producer of precast concrete products, appeals from a judgment dismissing its action for damages that resulted from cancellation of its contract to supply median barriers in a road reconstruction project. The circumstances were these. The Commonwealth, acting through its Department of Public Works (D.P.W.), in the summer of 1982 entered into two contracts with John J. Paonessa...

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