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WHITNEY & SON, INC. v. CONSTRUCTION MATERIALS, INC.

2002 Mass. App. Div. 74 (2002)

Whitney & Son, Inc. v. Construction Materials, Inc.

Massachusetts Appellate Division, Western District.

April 25, 2002.

Attorney(s) appearing for the Case

Michael J. Murphy for the plaintiff.

Richard O. Lessard for the defendant.

Present: Merrigan, Ripps & Rutberg, JJ.

Merrigan, J.1

This is an appeal from the dismissal by the trial court of the defendant Construction Materials, Inc.'s appeal from a finding in the trial court The relevant background is as follows: After a bench trial in the Fitchburg District Court, a judgment for the plaintiff Whitney & Son, Inc. entered on August 15, 2000. Construction timely filed a notice of appeal. On September 25, 2000, a cassette copy of the trial was sent...

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