J & S Construction Co., Inc. v. Travelers Indemnity Company

Plaintiff-appellant (subcontractor) challenges the district court ruling staying its court action against the general contractor’s surety, pending arbitration between subcontractor and contractor. The defendant-appellee is the performance bond surety of the general contractor. Subcontractor sued directly on the surety bond in district court. The surety answered and filed a claim for jury trial. It also answered interrogatories and permitted the taking of depositions. It filed no counterclaim. Thirteen months after the suit was instituted, the surety sought a stay pending arbitration provided…