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McLAUGHLIN v. LINDEMANN

No. 87-1556.

853 F.2d 1307 (1988)

Ann McLAUGHLIN, Secretary of the United States Department of Labor, Plaintiff, v. Oscar C. LINDEMANN, et al., Defendants. Roy A. HERBERGER, Trustee of the Lee Optical and Associated Companies Pension Plan, Plaintiff-Appellee, v. Theodore SHANBAUM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 9, 1988.

Attorney(s) appearing for the Case

Maelissa R.M. Watson, William C. Wolffarth, Dallas, Tex., for defendant-appellant.

Payne & Vendig, Linda S. Aland, Dallas, Tex., for Bernice Shanbaum.

Richard A. Dean, Patricia M. Reed, Alter, Hadden & Witts, Dallas, Tex., for Herberger.

Before VAN GRAAFEILAND, JOHNSON and JOLLY, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is a companion appeal to that of Whitfield v. Lindemann, 853 F.2d 1298 (5th Cir.1988) (hereafter "Whitfield"), the opinion in which is being filed concurrently herewith. The pertinent facts are set forth in that opinion and are incorporated by reference herein.

The judgment in favor of the Pension Plan and against Shanbaum, Klepak and Lindemann was in the amount of $2,083...

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