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AGOSTINI BROS. BLDG. CORP. v. UNITED STATES

No. 5224.

142 F.2d 854 (1944)

AGOSTINI BROS. BLDG. CORPORATION et al. v. UNITED STATES on Behalf of and For Use of VIRGINIA-CAROLINA ELECTRICAL WORKS, Inc.

Circuit Court of Appeals, Fourth Circuit.

June 2, 1944.

Attorney(s) appearing for the Case

John Joseph Baecher, of Norfolk, Va. (Earl W. White, of Norfolk, Va., on the brief), for appellants.

R. Arthur Jett, of Norfolk, Va., for appellee.

Before PARKER, DOBIE, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from an order refusing to stay proceedings pursuant to section 3 of the Federal Arbitration Act, 9 U.S. C.A. § 3. Action had been instituted under the Miller Act, 40 U.S.C.A. §§ 270a-270d, by a subcontractor against a contractor and the surety on the latter's bond to recover for labor and materials furnished in the construction of a government building. Motion was made by the defendants therein to stay proceedings...

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