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MacFARLAND v. RCS GROUP, INC.

No. 04-P-1530.

65 Mass. App. Ct. 1123 (2006)

RICHARD MacFARLAND vs. RCS GROUP, INC., & others; LAMONICA CONSTRUCTION COMPANY, third-party defendant.

Appeals Court of Massachusetts.

March 16, 2006.

Decision Pursuant to Rule 1:28.

The judgment entered July 22, 2004, is reversed, and the stipulations regarding attorney's fees and costs and dismissal, entered April 7, 2003, are set aside. The judgment of dismissal entered July 22, 2004, is vacated. The case is remanded to the Superior Court (i) with instructions to enter an order declaring that paragraph 5(a) of the RCS/Lamonica subcontract is void as violative of G. L. c. 143, § 29C; and (ii) for further...

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