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UNITED STATES v. SEAWARD CONSTRUCTION COMPANY

Civ. A. No. 2941.

298 F.Supp. 1356 (1969)

UNITED STATES of America for the Use and Benefit of BAY STATE YORK CO., Inc. v. SEAWARD CONSTRUCTION COMPANY, Inc. and United States Fidelity & Guaranty Company.

United States District Court D. New Hampshire.

May 7, 1969.

Attorney(s) appearing for the Case

Charles F. Kazlauskas, Jr., Sullivan, Gregg & Horton, Nashua, N. H., R. Robert Popeo, Boston, Mass., for plaintiff.

Robert A. Shaines, Shaines, Madrigan & McEachern, Portsmouth, N. H., for Seaward Const. Co., Inc.

Matthias J. Reynolds, Devine, Millimet, McDonough, Stahl & Branch, Manchester, N. H., for U. S. Fidelity & Guaranty Co.

ORDER ON MOTION TO DISMISS

BOWNES, District Judge.

This is a "Miller Act" case. This motion to dismiss is brought by the defendant general contractor, Seaward Construction Company, Inc., on the ground that the plaintiff subcontractor, Bay State York Co., Inc., is precluded from proceeding in the District Court because it failed, as required under the contract between the parties, to submit the dispute to arbitration.

Seaward, as general contractor...

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