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UNITED STATES v. AL-CON DEVELOPMENT CORPORATION

No. 7924.

271 F.2d 904 (1959)

UNITED STATES of America, for the use and benefit of AIR-CON, INC., and L. A. Thumm, trading as Virginia Heating Distributors, Appellants, v. AL-CON DEVELOPMENT CORPORATION, Hartford Accident & Indemnity Company, and Great American Indemnity Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 10, 1959.

Attorney(s) appearing for the Case

Richard H. Catlett, Jr., Richmond, Va. (Christian, Barton, Parker & Boyd, Richmond, Va., on brief), for appellants.

William Earle White, Jr., Richmond, Va. (Wm. Earle White, Petersburg, Va., Minor, Thompson & White, Richmond, Va., and White, Hamilton, Wyche & Shell, Petersburg, Va., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

BOREMAN, Circuit Judge.

This is an appeal from an order entered by the United States District Court for the Eastern District of Virginia, which order directed a stay in proceedings until such time as the issues raised by the pleadings had been submitted to arbitration.

Jurisdiction of the lower court is based upon the Miller Act (40 U.S.C.A. § 270a to 270d). The action was instituted as a result of a contract dispute in connection with the construction...

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