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IRWIN CO., INC. v. 3525 SAGE STREET ASSOCIATES

No. 92-2929.

37 F.3d 212 (1994)

IRWIN COMPANY, INC., Plaintiff-Appellant, v. 3525 SAGE STREET ASSOCIATES, LTD., Defendant, v. Robert B. REICH, U.S. Department of Labor, Secretary of Labor, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 4, 1994.

Attorney(s) appearing for the Case

William C. Boyd, Patterson, Boyd & Lowery, Houston, TX, for appellant.

Traci L. Bransford, Marianne K. Tomecek, U.S. Attorney's Office, Houston, TX, for appellee.

Joan Brenner, William J. Stone, Washington, DC, for U.S. Dept. of Labor, Office of the Sol.

Before POLITZ, Chief Judge, JONES, Circuit Judge, and FULLAM, District Judge.

EDITH H. JONES, Circuit Judge:

A subcontractor who underpaid employees appeals the district court judgment ordering it to tender, to the Department of Labor for distribution to the underpaid employees, monies that had been withheld by the general contractor, 826 F.Supp. 1067. We affirm.

BACKGROUND

The facts in this case are undisputed. 3525 Sage Street Associates, Ltd...

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