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SPINIELLO COMPANIES v. BRICO INDUSTRIES, INC.

Civil Action No. 04-41933-NMG.

511 F.Supp.2d 199 (2007)

SPINIELLO COMPANIES, Plaintiff, v. BRICO INDUSTRIES, INC., Defendant.

United States District Court, D. Massachusetts.

August 14, 2007.

Attorney(s) appearing for the Case

Jeremy Ulysses Blackowicz, Charles E. Schaub Hinckley, Allen Snyder, LLP, Boston, MA, for Plaintiff.

Thomas C. Federico, Grace V. Bacon Garcia, Philip M. Hirshberg, Morrison Mahoney LLP, Boston, MA, for Defendant.

MEMORANDUM & ORDER

GORTON, District Judge.

This matter involves a commercial construction dispute arising from the rehabilitation of a water pipeline. The defendant has filed a motion for summary judgment, which is opposed by the plaintiff. The motion is resolved as follows.

I. Background

The plaintiff, Spiniello Companies ("Spiniello"), is a utility contractor that performs...

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