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J.J. STRUZZIERY CO. INC. v. A.V. TAURASI CO. INC.

340 Mass. 481 (1960)

165 N.E.2d 120

J.J. STRUZZIERY CO., INC. vs. A.V. TAURASI CO., INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk..

March 8, 1960.

Attorney(s) appearing for the Case

Joseph H. Elcock, Jr., Assistant Attorney General, for the Commonwealth.

Francis C. Zacharer, for Oak Hill Granite Company, Inc., intervener.

Henry Gesmer, for Atlantic Corporation.

Benjamin C. Perkins, (Edward R. Thomas with him,) for The Whittemore Company, intervener.

John W. Blakeney, for Continental Casualty Company.

Alphonse Sancinito, Robert K. Lamere, Howard W. Robbins & Joseph E. Levine, for certain interveners, were present but did not argue.

Bernard V. Martin & Walter F. Maguire, for certain interveners, joined in a consolidated brief.

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

WILLIAMS, J.

This is a petition under G.L.c. 30, § 39, by J.J. Struzziery Co., Inc., to enforce a claim against A.V. Taurasi Co., Inc. (Taurasi), for material furnished it in performing a contract with the Commonwealth of Massachusetts made by the department of public works for the construction of a section of State highway (Route 128) in the towns of Dedham, Westwood and Needham. The Commonwealth, Taurasi, and Continental Casualty Company, the surety on a performance...

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