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MATTER OF ELEC. & MISSILE FACILITIES, INC. v. EMERSON-GARDEN ELEC. CO.

35 Misc.2d 108 (1962)

In the Matter of the Arbitration between Electronic & Missile Facilities, Inc., Petitioner, and Emerson-Garden Electric Company, Inc. — Caribbean, Respondent.

Supreme Court, Special Term, New York County.

May 3, 1962

Attorney(s) appearing for the Case

Anthony J. Siminerio for petitioner. Hart, Hume & Engelman for respondent.

SAMUEL M. GOLD, J.

The provisions of the Miller Act (U. S. Code, tit. 40, §§ 270a-270d) as to the court and venue of any suit brought upon a payment bond furnished pursuant to the act do not purport to prescribe such a suit as the exclusive remedy, or to bar arbitration between the parties to a contract containing an arbitration clause. Two Circuit Courts of Appeal have upheld arbitration coming within the Miller Act (Agostini Bros. Bldg...

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