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C. S. FOREMAN COMPANY v. H. B. ZACHRY COMPANY

No. 9110.

127 F.Supp. 901 (1955)

C. S. FOREMAN COMPANY, a corporation, Plaintiff, v. H. B. ZACHRY COMPANY, a corporation, Defendant.

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

January 22, 1955.

Attorney(s) appearing for the Case

Paul Van Osdol, Jr., Kansas City, Mo., for plaintiff.

George L. Gordon, Kansas City, Mo., for garnishee.

WHITTAKER, District Judge.

Garnishee, Magnolia Pipeline Company, has moved for an order releasing and discharging it, as garnishee, for the reason that this action was commenced in the state court by the plaintiff by attachment — on the ground of non-residence and without bond — and the defendant has now filed an answer to the merits, which, garnishee argues, constitutes a general entry of appearance by defendant, and that plaintiff has not, within ten...

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