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UNITED STATES, ETC. v. S. T. C. CONST. CO.

Civ. A. No. 77-2961.

472 F.Supp. 1023 (1979)

UNITED STATES of America for the Use of DUO METAL AND IRON WORKS, INC. v. S. T. C. CONSTRUCTION COMPANY et al.

United States District Court, E. D. Pennsylvania.

May 31, 1979.

Attorney(s) appearing for the Case

Steven Warm, Willingboro, N. J., for plaintiff.

Kenneth M. Cushman, Robert A. Prentice, Philadelphia, Pa., for Ins. Co. of North America.

Norman E. Lehrer, Duffield & Lehrer, Philadelphia, Pa., for S. T. C. Construction Co.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

The motion of S.T.C. Construction Company to compel arbitration and to stay the Court's proceedings is DENIED.

On August 26, 1978, plaintiff Duo Metal and Iron Works, Inc. (Duo Metal) filed a complaint against S.T.C. and the Insurance Company of North America (I.N.A.) under the provisions of the Miller Act, 40 U.S.C.A. § 270a, et seq. On October 3, 1977, S.T.C. answered the complaint and filed a...

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