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WESTINGHOUSE ELEC. SUPPLY CO. v. B.L. ALLEN, INC.

No. 356-76.

380 A.2d 62 (1977)

WESTINGHOUSE ELECTRIC SUPPLY COMPANY v. B. L. ALLEN, INC., et al.

Supreme Court of Vermont.

October 31, 1977.

Attorney(s) appearing for the Case

Harry A. Black of Black & Plante, White River Junction, for plaintiff.

Frank G. Mahady, White River Junction, for defendant Traveler's Indemnity Co.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BILLINGS, Justice.

This is an appeal on report of the superior court by agreement of the parties pursuant to V.R.A.P. 5(a). The question of law presented concerns the applicability of the Miller Act, 40 U.S.C.A. § 270a et seq. (1970). Where the Miller Act applies to a cause of action, jurisdiction is vested solely in the federal district court. Id. § 270b(b). We hold that the Miller Act does not govern this...

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