HART v. FROST


1993 Mass. App. Div. 185 (1993)

David Hart, and another vs. Andy Frost

Massachusetts Appellate Division, Northern District.

October 14, 1993.


Attorney(s) appearing for the Case

Samuel L. Parkman for the plaintiffs.

John J. Spignesi for the defendant.

John J. McNamara for proposed defendant United States Fidelity and Guaranty Company.

Present: Forte, Merrick & Coven, JJ.


Forte, J.

This is a Dist./Mun. Cts. R. Civ. P., Rule 64 (d) interlocutory appeal of the denial of the plaintiffs' motion to amend their complaint to assert, against a proposed new party, a statutory claim which is within the equity jurisdiction of the Superior Court.

The report indicates that the plaintiffs, as subcontractors to the general contractor Frost Construction Co., Inc., furnished labor and materials on a public construction project for the Town...

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