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WHITFIELD v. LINDEMANN

No. 87-1324.

853 F.2d 1298 (1988)

Dennis E. WHITFIELD, Deputy Secretary of the United States Department of Labor, Plaintiff-Appellee, v. Oscar C. LINDEMANN and Henry Klepak, Defendants-Appellants, Theodore Shanbaum, the Estate of Ellis Carp and Lee Optical, Inc., Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 14, 1988.

Attorney(s) appearing for the Case

G. Scott Damuth, Dallas, Tex., for Klepak.

Ron Edmondson, Corsicana, Tex., for Lindemann.

William W. Taylor, Leslie C. Perlman, U.S. Dept. of Labor, Office of the Sol., Plans Benefits Sec. Div., Washington, D.C., for plaintiff-appellee.

Before VAN GRAAFEILAND, JOHNSON and JOLLY, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Oscar Lindemann and Henry Klepak appeal from a judgment of the United States District Court for the Northern District of Texas, Dallas Division, which followed a nonjury trial before Judge Buchmeyer. The other named defendants are not parties to the appeal. The action against Lee Optical, Inc. was dismissed by stipulation. The Estate of Ellis Carp permitted judgment to be taken against it by default. Theodore Shanbaum withdrew his appeal...

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