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PERSONAL INDUSTRIAL LOAN CORPORATION v. FORGAY

No. 5426.

240 F.2d 18 (1956)

PERSONAL INDUSTRIAL LOAN CORPORATION, now known as Beneficial Industrial Loan Corporation, Appellant, v. Kenneth Dickson FORGAY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 7, 1957.

Attorney(s) appearing for the Case

Macoy A. McMurray, Salt Lake City, Utah (McKay, Burton, McMillan & Richards, Salt Lake City, Utah, were with him on the brief), for appellant.

Joseph W. Boone, Salt Lake City, Utah, for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

The appellant Personal Industrial Loan Corporation, herein called Industrial, has appealed from a judgment permanently enjoining it from pursuing execution on a default judgment it obtained against appellee Kenneth D. Forgay in the City Court of Salt Lake City, Utah. In addition, the judgment directed it to dismiss garnishment proceedings against Forgay's employer.

The facts essential to consider are these. Forgay filed a petition in...

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