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ATLANTIC TRACK & TURNOUT CO. v. PERINI CORP.

No. 92-1978.

989 F.2d 541 (1993)

ATLANTIC TRACK & TURNOUT COMPANY, Plaintiff, Appellant, v. PERINI CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 29, 1993.

Attorney(s) appearing for the Case

David J. Hopwood, with whom Heafitz & Hopwood, Newton, MA, was on brief, for appellant.

Charles E. Schaub, Jr., with whom Christopher J. Petrini, and Hinckley, Allen & Snyder, Boston, MA, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Circuit Judge.

Appellant Atlantic Track & Turnout Company ("Atlantic") brought this breach of contract action pursuant to the Uniform Commercial Code ("Code"), Mass.Gen.L. ch. 106, § 2-101, et seq. (1992). Atlantic alleged that appellee Perini Corporation ("Perini") failed to perform under a contract for the purchase and sale of railroad materials.

The court deferred decision on cross motions for summary judgment and ordered a trial...

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