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UNITED STATES v. SOVEREIGN CONSTRUCTION COMPANY

Civ. A. No. 68-729-F.

311 F.Supp. 371 (1970)

UNITED STATES of America for the use and benefit of N. GIGLIELLO d/b/a N. Gigliello Co. v. SOVEREIGN CONSTRUCTION COMPANY, Ltd. and St. Paul Fire and Marine Insurance Company.

United States District Court, D. Massachusetts.

March 31, 1970.

Attorney(s) appearing for the Case

Joseph M. Corwin, Corwin & Corwin, Boston, Mass., for plaintiff.

Edwin A. McCabe, Widett & Kruger, Boston, Mass., for defendants.

MEMORANDUM OF OPINION ON DEFENDANT'S MOTION TO STAY

FRANCIS J. W. FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C. § 270a et seq. by a subcontractor against the prime contractor and its surety.

The subcontract contained a provision, paragraph Thirtieth, that:

"a) Any controversy or claim arising out of or relating to this agreement or the breach thereof, provision for the determination of which is not made elsewhere...

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