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YANKEE MICROWAVE, INC. v. PETRICCA COMMUNICATIONS SYSTEMS, INC.

No. 98-P-559.

53 Mass. App. Ct. 497 (2002)

YANKEE MICROWAVE, INC. v. PETRICCA COMMUNICATIONS SYSTEMS, INC., & others.

Court of Appeals of Massachusetts, Berkshire.

January 7, 2002.

Attorney(s) appearing for the Case

A. Hugh Scott for the plaintiff.

Ronald E. Oliveira (William E. Martin with him) for the defendants.

Present: JACOBS, GILLERMAN, & GELINAS, JJ.

GELINAS, J.

We consider in this case whether Yankee Microwave, Inc. (Yankee), is precluded from recovery against Petricca Communications Systems, Inc. (PCS), Petricca Industries, Inc. (PII), Basil A. Petricca (Basil), and Robert W. Petricca (Robert), because, as the trial judge found, Yankee failed to file for tariff approval with the Federal Communications Commission (FCC) and the Massachusetts Department of Public Utilities (DPU), thus rendering its performance...

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