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VOLPE CONSTR. v. FIRST NATL. BANK OF BOSTON

No. 89-P-569.

30 Mass. App. Ct. 249 (1991)

567 N.E.2d 1244

VOLPE CONSTRUCTION CO., INC. vs. THE FIRST NATIONAL BANK OF BOSTON & another.

Appeals Court of Massachusetts, Suffolk.

March 15, 1991.

Attorney(s) appearing for the Case

James W. Murphy for the plaintiff.

George E. Donovan (Domenic P. Aiello with him) for the defendants.

Present: FINE, KAPLAN, & PORADA, JJ.

KAPLAN, J.

This is an unusual situation of a building project for "affordable" housing, in which the general contractor, which had direct contractual relations only with the owner-developer, tried to recover its alleged losses — amounts supposedly due it from the owner and unpaid — from the bank which made the construction loan to the owner. The contractor proposed a number of theories for shifting the onus onto the bank, but they fail.

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