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WHITFIELD v. PENNINGTON

No. 87-2140.

832 F.2d 909 (1987)

Dennis E. WHITFIELD, Deputy Secretary of United States Department of Labor, Plaintiff-Appellant, v. Roland R. PENNINGTON, Jr., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 30, 1987.

Attorney(s) appearing for the Case

Karen L. Handorf, U.S. Dept. of Labor, Plan Benefits Sec. Div., Washington, D.C., for plaintiff-appellant.

Gerald T. Holtzman, Christina Richard, Holtzman & Urquhart, Houston, Tex., for Pennington & Donnell.

Before CLARK, Chief Judge, RANDALL and DAVIS, Circuit Judges.

RANDALL, Circuit Judge:

The Secretary of the United States Department of Labor appeals from the district court's denial of the Secretary's motion to reconsider or vacate the district court's earlier decision refusing to hold Roland R. Pennington, Jr. and James M. Donnell in civil contempt for refusing to make specified payments due under a consent order. As we find that the district court abused its discretion by failing to hold Pennington and Donnell in civil contempt...

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