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O. AHLBORG & SONS, INC. v. MASSACHUSETTS HEAVY INDUSTRIES, INC.

No. 04-P-608.

65 Mass. App. Ct. 385 (2006)

O. AHLBORG & SONS, INC. v. MASSACHUSETTS HEAVY INDUSTRIES, INC.

Appeals Court of Massachusetts, Norfolk.

January 17, 2006.

Attorney(s) appearing for the Case

Anthony J. Fitzpatrick for the defendant.

W. Mark Russo for the plaintiff.

Present: Perretta, Lenk, & Doerfer, JJ.

PERRETTA, J.

Massachusetts Heavy Industries, Inc. (MHI), appeals from the entry of a separate and final judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), on a complaint brought by O. Ahlborg & Sons, Inc. (Ahlborg), seeking confirmation of an arbitrator's award under G. L. c. 251, § 11. MHI argues that because the confirmation order did not resolve with finality a separate and distinct claim, the judge

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