MacFARLAND v. RCS GROUP, INC

Decision Pursuant to Rule 1:28.

The judgment entered July 22, 2004, is reversed, and the stipulations regarding attorney's fees and costs and dismissal, entered April 7, 2003, are set aside. The judgment of dismissal entered July 22, 2004, is vacated. The case is remanded to the Superior Court (i) with instructions to enter an order declaring that paragraph 5(a) of the RCS/Lamonica subcontract is void as violative of G.L. c. 143, § 29C; and (ii) for further proceedings consistent with the memorandum and order of the Appeals Court.