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U.S. v. POOL AND CANFIELD, INC.

No. 91-0596-CV-W-2.

778 F.Supp. 1088 (1991)

The UNITED STATES of America for the Use and Benefit of CAPITAL ELECTRIC CONSTRUCTION COMPANY, INC., and Capital Electric Construction Co., Inc., Plaintiffs, v. POOL AND CANFIELD, INC., and Safeco Insurance Company of America, Defendants.

United States District Court, W.D. Missouri, W.D.

December 14, 1991.

Attorney(s) appearing for the Case

Thomas M. Moore, Darcy V. Hennessy, Moore & Bucher, P.C., Kansas City, Mo., for plaintiff.

Robert A. Babcock, James S. Kreamer, Baker & Sterchi, Kansas City, Mo., for defendant Pool and Canfield, Inc.

Robert A. Babcock, James S. Kreamer, Baker & Sterchi, Kansas City, Mo., Lewis Melahn, Div. of Ins., State of Mo., Jefferson City, Mo., for defendant Safeco Ins. Co. of America.

ORDER

GAITAN, District Judge.

Pending before the court is Safeco Insurance Company of America's (hereafter defendant) motion for a preliminary injunction prohibiting Capital Electric from proceeding to arbitrate its claims against defendant. It is defendant's contention that it cannot be compelled to arbitrate any claims arising in the above titled action because (1) it is not a party to any arbitration agreement with the plaintiff, and (2) as a Miller Act...

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