J & S CONSTRUCTION CO., INC. v. TRAVELERS INDEMNITY CO.

No. 75-1081.

520 F.2d 809 (1975)

J & S CONSTRUCTION CO., INC., Plaintiff-Appellant, v. TRAVELERS INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 8, 1975.


Attorney(s) appearing for the Case

Bernard A. Kansky, Boston, Mass., with whom Hillman & Kansky, Boston, Mass., was on brief, for plaintiff-appellant.

Martin E. Greenblatt, Boston, Mass., with whom Jerry E. Benezra, and Kaplan, Soshnick, Greenblatt & Goodman, Boston, Mass., were on brief, for defendant-appellee.

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


PER CURIAM.

Plaintiff-appellant (subcontractor) challenges the district court ruling staying its court action against the general contractor's surety, pending arbitration between subcontractor and contractor. The defendant-appellee is the performance bond surety of the general contractor. Subcontractor sued directly on the surety bond in district court. The surety answered and filed a claim for jury trial. It also answered interrogatories and permitted the taking...

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