Industrial Sheet Metal and Fabricators files answer in response to petition in intervention

David Yates Oct. 28, 2010, 9:56am

In early August, the Southeast Texas Record reported that Sunoco filed a petition for interpleader, claiming it wasn't sure who it owes for work performed on two of its properties.

On Oct. 20 one of the subcontractors named in the suit, Industrial Sheet Metal & Fabricators, filed an answer in response to another defendant's allegations.

In its petition, Sunoco says it may owe subcontractors who were hired to perform work at its Jefferson County and Shelby County properties, but claims it does not know who to pay.

Court papers show Sunoco owes $121,632.74 for services at the Hubert Terminal and $65,371.48 for services at the Center Terminal.

"There are competing claims to the funds from the subcontractors of McBride Electric Inc.," the suit states.

"Sunoco is unable to determine which defendant is entitled to the funds. Therefore, Sunoco is in the position of an innocent stakeholder faced with the possibility of multiple liability and incidental costs."

The defendants named in the suit include System Electric Co., Industrial Sheet Metal and Fabricators, Olsen and Guerra Lumber Co. and Wesco Distribution.

Industrial Sheet Metal and Fabricators filed the answer in response to McBride's petition in intervention, asserting that all the allegations of money owed are false.

Sunoco is asking to be released from all liability to the defendants for the services rendered.

Industrial Sheet Metal and Fabricators is seeking a take nothing judgment.

Greg M. Dykeman of Strong, Pipkin, Bissell and Ledyard in Beaumont represents Sunoco.

Industrial Sheet Metal and Fabricators is represented by Orange attorney Allan Sanders.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Jefferson County District Court case number: B187-264

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