SEAL & CO., INC. v. A.S. McGAUGHAN CO.

No. 89-1441.

907 F.2d 450 (1990)

SEAL & COMPANY, INCORPORATED, Plaintiff-Appellee, v. A.S. McGAUGHAN COMPANY, INCORPORATED, Defendant and Third Party Plaintiff-Appellant, v. JOHN J. KIRLIN COMPANY, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1990.


Attorney(s) appearing for the Case

Stephen John Johnson, Lyon and McManus, Washington, D.C., for defendant and third party plaintiff-appellant.

Paul Terrence O'Grady, Falls Church, Va., Samuel McCorkle Morrison, Jr., Braude & Margulies, P.C., Washington, D.C. (Herman M. Braude, Braude & Margulies, P.C., Washington, D.C., on brief), for plaintiff-appellee.

Before MURNAGHAN, Circuit Judge, BUTZNER, Senior Circuit Judge, and KAUFMAN, Senior United States District Judge for the District of Maryland, sitting by designation.


BUTZNER, Senior Circuit Judge:

The principal issue raised in this appeal is whether the district court should have stayed this action pending the outcome of contractual dispute resolution proceedings. The district court denied a stay and awarded damages to a subcontractor against the general contractor engaged in work for the Washington Metropolitan Area Transit Authority (WMATA). We vacate the judgment and remand the case for the imposition of a stay and further...

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