JOS. L. MUSCARELLE, INC. v. AMERICAN TIMBER & TRADING CO.

No. 25240.

404 F.2d 467 (1968)

JOS. L. MUSCARELLE, INC. and National Surety Company, Appellants, v. AMERICAN TIMBER & TRADING COMPANY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

November 25, 1968.


Attorney(s) appearing for the Case

Henry L. Newell, Balboa, Canal Zone, Peter Goetz, Gerard Fitzpatrick, Goetz & Fitzpatrick, New York City, for defendants-appellants.

Roy Phillipps, Balboa, Canal Zone, Walter Carroll, Jr., New Orleans, La., Jerome S. Bischoff, David P. Templeton, Dusenbery, Martin, Beatty, Bischoff & Templeton, Portland, Or., for appellee.

Before COLEMAN and MORGAN, Circuit Judges, and HUNTER, District Judge.


COLEMAN, Circuit Judge:

The narrow question here presented is: Was the United States District Court for the Canal Zone in error when, pending arbitration, it refused to grant a stay in a Miller Act suit? We are of the opinion that it was not, and affirm.

The American Timber and Trading Company, Inc., was an Oregon corporation. Joseph L. Muscarelle, Inc., was a Delaware corporation, with its principal place...

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