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PIONEER INDUSTRIES v. GEVYN CONSTRUCTION CORPORATION

No. 71-1401.

458 F.2d 582 (1972)

PIONEER INDUSTRIES, a Division of SOS Consolidated, Inc., Plaintiff, Appellee, v. GEVYN CONSTRUCTION CORPORATION et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 11, 1972.

Attorney(s) appearing for the Case

Leslie A. Hynes, New York City, with whom Hynes & Diamond, New York City, Joseph T. Fahy, Cornelius J. Moynihan, Jr., Peabody, Brown, Rowley & Storey, Boston, Mass., William D. Powers, New York City, and Robert J. Stern, Mamaroneck, N. Y., were on brief, for appellants.

Julius Thannhauser, Boston, Mass., with whom Jerome A. McCusker, and Cohn, Riemer & Pollack, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, Mc-ENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

This appeal involves the arbitrability of a claim for materials on a subcontract between a supplier and the principal contractor and its surety on a Massachusetts public construction project. On October 27, 1967, the defendant, Gevyn Construction Corporation, entered into a written contract with the County of Middlesex for the construction of a new County Superior Court House in the City of Cambridge. Pursuant to the contract and as required...

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