IN RE CONNER

No. 83-8275.

733 F.2d 1560 (1984)

In re CONNER, Debtor. ASKIN MARINE COMPANY, Plaintiff-Appellant, v. Clark N. CONNER and Doretha S. Conner, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 11, 1984.


Attorney(s) appearing for the Case

M. Alvin Levy, D. Merrill Adams, Atlanta, Ga., for plaintiff-appellant.

Paul C. Parker, Decatur, Ga., for defendants-appellees.

Before HILL, VANCE and ANDERSON, Circuit Judges.


VANCE, Circuit Judge:

Askin Marine Company (Askin), the creditor, appeals the decision of the trial court affirming the bankruptcy judge's grant of summary judgment in favor of Clark and Doretha Conner, the debtors. We reverse.

The relevant facts are undisputed. On September 9, 1981 Askin caused Clark Conner's employer to be served with a summons of garnishment. On October 14, 1981 the garnishee answered the summons and paid into the Georgia state court the...

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