AM. HOME ASSUR. v. VECCO CONCRETE CONST., ETC.

No. 80-1161.

629 F.2d 961 (1980)

AMERICAN HOME ASSURANCE CO., Appellee, v. VECCO CONCRETE CONSTRUCTION CO., INC. OF VIRGINIA, Vecco Construction Industries, Inc., Vecco Concrete Construction Co., Inc. of the District of Columbia, Vecco Concrete Construction Co., Inc. of Maryland, Curry Concrete Construction, Inc., Springfield Erectors, Inc., Raymond A. Curry, Jr., Madelyn Curry, Richard A. Sevila, Sharon Sevila, John Campbell, III, Regina Campbell, Appellees, v. MERCURY CONSTRUCTION CORPORATION, Appellant, and Baldwin and Gregg-William C. Overman Associates, Prince William Board of County Supervisors, Occoquan-Woodbridge/Dumfries-Triangle Sanitary District, Stuart R. Baldwin, P. Porcher Cragg, George E. Langley, Thomas J. McDonald, William C. Overman, Baldwin and Gregg-Langley, McDonald & Overman, William C. Overman Associates, Occoquan-Woodbridge Sanitary District, Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1980.


Attorney(s) appearing for the Case

Joseph B. Mays, Jr., Birmingham, Ala. (A. H. Gaede, Jr., Bradley, Arant, Rose and White, Birmingham, Ala., Michael McGettigan, Murphy, McGettigan, McNally & West, Alexandria, Va., on brief), for appellant.

John J. Sabourin, Jr., Alexandria, Va. (Richard W. Hausler, Falls Church, Va., Hazel, Beckhorn & Hanes, Fairfax, Va., on brief), for appellee Vecco Concrete Const. Co., Inc. of Virginia.

Edward Gallagher, Washington, D.C. (Edward Graham Gallagher, Washington, D.C., on brief), for appellee American Home Assur. Co.

Before BUTZNER and RUSSELL, Circuit Judges, and KIDD, District Judge.


KIDD, District Judge:

This is an appeal from the district court's denial of appellant and third-party defendant, Mercury Construction Corporation's motion to dismiss proceedings against it or, alternatively, to stay all proceedings in the present action pending arbitration. For reasons set forth below, we reverse the decision of the district court and remand for further proceedings.

I.

Mercury Construction Corporation ("Mercury") entered into a contract...

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