United States ex rel. Industrial Engineering & Metal Fabricators, Inc. v. Eric Elevator Corp.

FRANCIS J. W. FORD, District. Judge.

This is an action under the Miller Act,. 40 U.S.C.A. § 270b in which use plaintiff,, a subcontractor, for work to be performed in the construction of a missile-site at Danvers, Massachusetts, seeks to-recover from prime contractor and the surety on its payment bond the balance allegedly due for labor and materials furnished under the subcontract. Plaintiff moves to strike the second and third defenses of defendants’ answer, both of' which seek a stay of proceedings pending-arbitration pursuant to the provisions, of paragraph Twenty-Sixth of the subcontract,…