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LINCOLN-SUDBURY REGIONAL SCH. DIST. v. FRASCA CONSTR.

354 Mass. 22 (1968)

234 N.E.2d 759

LINCOLN-SUDBURY REGIONAL SCHOOL DISTRICT vs. FRASCA CONSTRUCTION CORPORATION.

Supreme Judicial Court of Massachusetts, Essex.

March 6, 1968.

Attorney(s) appearing for the Case

George C. Caner, Jr., for the petitioner.

Cedric L. Arnold, for the respondent, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

SPALDING, J.

This is a petition under G.L.c. 251, § 2 (b), by the Lincoln-Sudbury Regional School District (owner) to stay an arbitration proceeding initiated by the Frasca Construction Corporation (general contractor).1 No evidence was introduced. The case having been submitted on the petition (to which were attached copies of the construction contract and the demand for arbitration) and answer, was, in effect, a case stated. The...

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