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M.J. FLAHERTY COMPANY v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 03-P-422.

61 Mass. App. Ct. 337 (2004)

M.J. FLAHERTY COMPANY v. UNITED STATES FIDELITY & GUARANTY COMPANY.

Appeals Court of Massachusetts, Middlesex.

June 18, 2004.

Attorney(s) appearing for the Case

Joseph H. Skerry, III, for the plaintiff.

John W. DiNicola, II (Edward J. Naughton with him) for the defendant.

Present: DOERFER, COHEN, & MILLS, JJ.

DOERFER, J.

The plaintiff, M.J. Flaherty Company, a subcontractor, and R.W. Granger & Sons, Inc. (Granger), the general contractor (for whom the defendant, United States Fidelity & Guaranty Company [USF&G], had provided a surety bond), were engaged in litigation commenced in 1998 over moneys allegedly owed to the plaintiff under the HVAC (heating, ventilating, and air conditioning) subcontract. USF&...

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