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PEABODY N.E., INC. v. MARSHFIELD

426 Mass. 436 (1998)

PEABODY N.E., INC. v. TOWN OF MARSHFIELD.

Supreme Judicial Court of Massachusetts, Bristol.

January 13, 1998.

Attorney(s) appearing for the Case

Richard K. Allen (Michael B. Donahue with him) for the plaintiff.

Philip M. Cronin (Robert A. McCall with him) for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

LYNCH, J.

This matter arose from a contract dispute involving the plaintiff's construction of a grit, septage,1 and grease handling facility for the defendant town of Marshfield (town). Pursuant to an order of a Superior Court judge, the matter was initially referred to a master for findings of fact and recommended conclusions of law. See Mass. R. Civ. P. 53 (h) (1), as appearing in 386 Mass. 1237 (1982). After receiving the master's final...

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