CLARKIN v. WORTHLEY

No. 8655.

114 F.Supp. 877 (1953)

CLARKIN v. WORTHLEY et al.

United States District Court W. D. Missouri, W. D.

September 24, 1953.


Attorney(s) appearing for the Case

Swofford, Schroeder & Shankland, Kansas City, Mo., for plaintiff.

Keith Martin, Kansas City, Mo., for defendant Leslie E. Worthley.

E. E. Thompson, Kansas City, Mo., for Farmers Mut. Auto. Ins. Co.


REEVES, Chief Judge.

The sole question for decision in this case is whether a garnishee, under an execution to satisfy a judgment, may remove his controversy with the plaintiff to this court. The amount in controversy is adequate and there is a diversity of citizenship. Counsel for plaintiff insists that such a case cannot be removed and counsel for the garnishee is of the contrary opinion. Counsel for both parties have filed extensive and well prepared briefs.

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