JAMES CONSTRUCTION CO. INC. v. COMM. OF PUBLIC HEALTH


336 Mass. 143 (1957)

143 N.E.2d 206

JAMES CONSTRUCTION COMPANY, INC. & another vs. COMMISSIONER OF PUBLIC HEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 31, 1957.


Attorney(s) appearing for the Case

Vincent M. Banks, (Daniel J. Ryan with him,) for the plaintiffs.

Joseph H. Elcock, Jr., Assistant Attorney General, for the commissioner of public health.

Lester S. Cramer, (Bernard Kaplan with him,) for the defendant R. Zoppo Co., Inc.

Present: WILKINS, C.J., RONAN, SPALDING, COUNIHAN, & CUTTER, JJ.


SPALDING, J.

This is a bill for a declaratory decree and other relief involving the legality of a general contract awarded by the department of public health for the construction of a sewage treatment plant in Southbridge. Demurrers by the defendants commissioner of public health and R. Zoppo Co., Inc., were sustained by the court below, and a final decree was entered dismissing the bill as to these defendants.1 The plaintiffs appealed...

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