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BEACON CONSTRUCTION CO. OF MASS. v. PREPAKT CONCRETE CO.

Nos. 6815, 6817.

375 F.2d 977 (1967)

BEACON CONSTRUCTION COMPANY OF MASSACHUSETTS, Inc., et al., Defendants, Appellants, v. PREPAKT CONCRETE COMPANY et al., Appellees. PREPAKT CONCRETE COMPANY, Plaintiff, Appellant, v. BEACON CONSTRUCTION COMPANY OF MASSACHUSETTS, Inc., et al., Defendants, Appellees.

United States Court of Appeals First Circuit.

April 12, 1967.

Attorney(s) appearing for the Case

Robert J. Sherer, Boston, Mass., with whom Joseph T. Wynne, San Juan, P. R., Roche & Leen, Boston, Mass., and McConnell, Valdes & Kelley, San Juan, P. R., were on brief, for Beacon Construction Co. of Massachusetts, Inc., and others.

Leslie A. Hynes, New York City, with whom Jorge Souss, San Juan, P. R., was on brief, for Prepakt Concrete Co.

Luis E. Dubon, Jr., with whom Dubon & Dubon, Santurce, P. R., was on brief, for Augusto Menendez Construction Corp. and others, appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

These appeals arise from a diversity action brought by a subcontractor (Prepakt) which performed piling work in connection with the construction of a United States postal facility at San Juan, Puerto Rico, against the original general contractor (Beacon) and its assignee (Ameco) to recover the contract price and the value of additional work requested.1 Beacon moved that the proceedings be stayed pending either (a...

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