Legal Opinion

Jos. L. Muscarelle, Inc. And National Surety Company v. American Timber & Trading Company, Inc.

Court of Appeals for the Fifth Circuit

Decided November 25, 1968No. 25240PublishedCited by 8 opinions

1Opinion of the Court

COLEMAN, Circuit Judge:

The narrow question here presented is: Was the United States District Court for the Canal Zone in error when, ;pending arbitration, it refused to grant a stay in a Miller Act suit ? We are of the opinion that it was not, and affirm.

The American Timber and Trading Company, Inc., was an Oregon corporation. Joseph L. Muscarelle, Inc., was a Delaware corporation, with its principal place of business in New Jersey. In 1965 American Timber and Trading Company entered into a contract with Muscarelle to sell and deliver certain materials in the Canal Zone for use by Muscarelle…

2Cases cited5 opinions

  1. Shanferoke Coal & Supply Corp. v. Westchester Service Corp.Supreme Court of the United States · 1935
  2. Luckenbach Steamship Co. v. United StatesSupreme Court of the United States · 1930
  3. Wells v. United StatesCourt of Appeals for the Fifth Circuit · 1954
  4. Ets-Hokin & Galvan, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1965
  5. Ruth C. Chapman v. International Ladies' Garment Workers' Union, International Ladies' Garmentworkers' Union, Local 581, Ruth C. Chapman v. Spartan Undies, Inc., and Jonathan Logan, Inc., Betty J. Petty v. International Ladies' Garment Workers' Union, International Ladies' Garmentworkers' Union, Local 581, Betty J. Petty v. Spartan Undies, Inc., and Jonathan Logan, Inc., Hazel S. Murray v. Spartan Undies, Inc., and Jonathan Logan, Inc., Evelyn v. Hyatt v. Spartan Undies, Inc., and Jonathan Logan, Inc.Court of Appeals for the Fourth Circuit · 1968

3Cited by8 opinions

  1. Econo-Car International, Inc. v. Antilles Car Rentals, Inc.Court of Appeals for the Third Circuit · 1974
  2. Judith A. Miller v. Aaacon Auto Transport, Inc.Court of Appeals for the Fifth Circuit · 1977
  3. Sewer v. Paragon Homes, Inc.District Court, Virgin Islands · 1972
  4. McDermott International, Inc. v. Lloyds Underwriters of LondonCourt of Appeals for the Fifth Circuit · 1991
  5. Government of the Virgin Islands v. deJonghDistrict Court, Virgin Islands · 1993

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