Legal Opinion

United States ex rel. Gigliello v. Sovereign Construction Co.

District Court, D. Massachusetts

Decided March 31, 1970No. Civ. A. No. 68-729-FPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OF OPINION ON DEFENDANT’S MOTION TO STAY

FRANCIS J. W. FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C. § 270a et seq. by a subcontractor against the prime contractor and its surety.

The subcontract contained a provision, paragraph Thirtieth, that:

“a) Any controversy or claim arising out of or relating to this agreement or the breach thereof, provision for the determination of which is not made elsewhere in this agreement, shall be settled by arbitration in New York, N.Y. in accordance with the Rules there obtaining of the American Arbitration Association and…

2Cases cited8 opinions

  1. Hugh D. Blanchard and Cullen Jenkins, D/B/A Blanchard & Jenkins Construction Company v. Terry & Wright, Inc. And Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1964
  2. United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
  3. Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
  4. Koppers Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
  5. United States ex rel. Industrial Engineering & Metal Fabricators, Inc. v. Eric Elevator Corp.District Court, D. Massachusetts · 1963

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. United States of America, for and on Behalf of Portland Construction Company v. Weiss Pollution Control CorporationCourt of Appeals for the Fifth Circuit · 1976
  2. United States Ex Rel. Pittsburgh Tank & Tower, Inc. v. G & C Enterprises, Inc.Court of Appeals for the First Circuit · 1995
  3. General Equipment, Inc. v. United States Fidelity & Guaranty Insurance Co.Louisiana Court of Appeal · 1974
  4. American Insurance Co. v. KinderMissouri Court of Appeals · 1982
  5. United States Ex Rel. Casablanca v. Continental Casualty Co.District Court, D. Puerto Rico · 1972

9 more not listed; retrieve them via the Exa API.

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