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UNITED PARCEL SERVICE v. WEBEN INDUSTRIES, INC.

No. 85-1123.

794 F.2d 1005 (1986)

UNITED PARCEL SERVICE, INC., etc., et al., Plaintiffs, v. WEBEN INDUSTRIES, INC., et al., Defendants, and CONVEYOR, MACHINERY & STEEL ERECTORS, INC., Defendant-Appellant, v. MERCANTILE NATIONAL BANK AT DALLAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 14, 1986.

Attorney(s) appearing for the Case

F. Dean Armstrong, Dallas, Tex., for defendant-appellant.

Allan Brent Diamond, Dallas, Tex., for defendant-appellee.

Before THORNBERRY, POLITZ and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

This case involves a dispute between two claimants to a fund interpleaded by United Parcel Service, Inc. (UPS). UPS hired Weben Industries, Inc. (Weben), a general contractor, to do construction work at its facilities in several states. Weben in turn hired Conveyor, Machinery & Steel Erectors, Inc. (CoMaster), a subcontractor, to do work at the UPS facility in Atlanta, Georgia. Weben declared bankruptcy under Chapter 11 of the Bankruptcy...

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