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FORDYCE v. TOWN OF HANOVER

No. SJC-10643.

457 Mass. 248 (2010)

KIRT FORDYCE & others v. TOWN OF HANOVER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 9, 2010.

Attorney(s) appearing for the Case

Kevin Conroy, Assistant Attorney General, for the Commonwealth.

Christopher N. Souris for the plaintiffs.

James A. Toomey (Bryan R. LeBlanc with him) for town of Hanover.

Paul W. Losordo for Callahan, Inc.

The following submitted briefs for amici curiae:

Patrick J. Sullivan & James G. Grillo for TLT Construction Corp.

Donald J. Siegel & James A. W. Shaw for Foundation for Fair Contracting of Massachusetts & another.

Joel Lewin & Robert V. Lizza for Construction Industries of Massachusetts, Inc., & another.

Christopher J. Petrini, Peter L. Mello, & Thomas J. Urbelis for City Solicitors and Town Counsel Association.

Stanley A. Martin & Edwin L. Hall for Associated General Contractors of Massachusetts.

Christopher A. Kenney & Michael P. Sams for Associated Builders and Contractors, Inc.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

This case comes to us on appeal from an order of a single justice of the Appeals Court vacating a preliminary injunction issued by a judge in the Superior Court against the town of Hanover (town) and Callahan, Inc. (Callahan), a general contractor with whom the town has entered into a contract for the construction of a new high school. The injunction ordered the town and Callahan to cease further work on the school pending a trial on the merits of the plaintiffs...

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