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U.S. v. HARKINS BUILDERS, INC.

No. 94-1136.

45 F.3d 830 (1995)

UNITED STATES of America, for the use and benefit of Global Building Supply, Incorporated; United States of America, for the use and benefit of Superior Supply Associates, Incorporated, Plaintiffs-Appellees, v. HARKINS BUILDERS, INCORPORATED, Defendant-Appellant, and WNH Limited Partnership; Thomas P. Harkins, Incorporated; Toledo Drywall, Incorporated; Today Contractors, Incorporated; The Federal Insurance Company, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 25, 1995.

Attorney(s) appearing for the Case

ARGUED: Stephen Lewis Best, Sr., Fairfax, VA, for appellant. Robert Keith Richardson, Odin, Feldman & Pittleman, P.C., Fairfax, VA, for appellees.

Before NIEMEYER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG joined. Senior Judge PHILLIPS wrote a separate dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

We are presented with the question of first impression whether a judgment creditor, pursuing a garnishment proceeding against a garnishee who owed money to the judgment debtor under a contract, is bound by a mandatory arbitration...

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