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AMERICAN INS. CO. v. KINDER

No. WD 33674.

640 S.W.2d 537 (1982)

AMERICAN INSURANCE COMPANY, Plaintiff, v. The Honorable Byron KINDER, Respondent.

Missouri Court of Appeals, Western District.

September 28, 1982.

Attorney(s) appearing for the Case

David M. Duree, St. Louis, for plaintiff.

Robert L. Hyder, Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and PRITCHARD and CLARK, JJ.

LOWENSTEIN, Judge.

Plaintiff American Insurance Company seeks to make absolute a preliminary rule in prohibition issued by this court prohibiting any further action against it as a surety in state court because of exclusive federal jurisdiction under the Miller Act, 40 U.S.C. 270(a-f).

Mertens Construction Company (Mertens) filed suit in the Circuit Court of Cole County, Missouri against two construction companies...

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