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KOPPERS COMPANY v. CONTINENTAL CASUALTY COMPANY

No. 17604.

337 F.2d 499 (1964)

KOPPERS COMPANY, Inc., Appellant, v. CONTINENTAL CASUALTY COMPANY, Inc., et al., Appellees.

United States Court of Appeals Eighth Circuit.

October 22, 1964.

Attorney(s) appearing for the Case

Richard K. Andrews, of Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., made argument for appellant and filed brief with Roy P. Swanson, Kansas City, Mo., and Rotkin & Nazarian, Los Angeles, Cal.

John A. Biersmith, of Rafter, Biersmith, Miller & Walsh, Kansas City, Mo., made argument for appellees and filed brief.

Before MATTHES, BLACKMUN and RIDGE, Circuit Judges.

BLACKMUN, Circuit Judge.

We are confronted here with the question whether § 2(b) of the Miller Act,1 40 U.S.C. § 270b(b), applies to a claimant's suit on a Capehart Act payment bond so as to vest jurisdiction of the action exclusively in the appropriate federal court and to deny it to the state court. This is the second of two issues decided by the district court in an opinion applicable to a number of cases having to do with...

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