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UNITED STATES v. AMERICAN EMPLOYERS INSURANCE CO. OF MASS.

Civ. A. No. 68-370.

290 F.Supp. 139 (1968)

The UNITED STATES of America for the Use of DeLAY & DANIELS, INC., a South Carolina Corporation, Plaintiff, v. AMERICAN EMPLOYERS INSURANCE CO. OF MASSACHUSETTS, a Corporation, Defendant.

United States District Court D. South Carolina, Columbia Division.

Decided September 25, 1968.

Attorney(s) appearing for the Case

T. E. Pedersen, Charleston, S. C., for plaintiff.

Claude M. Scarborough, Jr., and Robert B. Shaw, of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., for defendant.

HEMPHILL, District Judge.

Use-plaintiff instituted proceedings under the Miller Act1 seeking recovery under the subcontract between use-plaintiff and Mike Bradford and Co., Inc., of Miami, Florida. The defendant issued its surety agreement on the contract.

Motion by defendant invites decision that; (1) plaintiff be required to arbitrate before proceeding; and, (2) the arbitration should be maintained in Dade County, Florida. It...

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