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COST BROS., INC. v. TRAVELERS INDEM. CO.

No. 84-3466.

760 F.2d 58 (1985)

COST BROTHERS, INC. v. The TRAVELERS INDEMNITY COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 26, 1985.

Attorney(s) appearing for the Case

Mark N. Suprenant (argued), David A. Scott, Thorp, Reed and Armstrong, Pittsburgh, Pa., for appellant; Milton M. Breitman, Levy, Schlesinger & Breitman, P.A., Roseland, N.J., of counsel.

Richard S. Crone (argued), Warman and Crone, Pittsburgh, Pa., for appellee.

Before HUNTER and GARTH, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from an order of the United States District Court for the Western District of Pennsylvania, which denied a motion by appellant Travelers Indemnity Company ("Travelers") for a stay of an action brought by appellee Cost Brothers, Inc. ("Cost") upon a payment bond issued by Travelers as surety for Frank Briscoe Company ("Briscoe"). Travelers sought the stay pending arbitration of the dispute...

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