UNITED STATES v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

No. 1761.

244 F.Supp. 19 (1965)

UNITED STATES of America ex rel. MASTER-KRETE, INC., Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant and Third-Party Plaintiff, v. J. O'Connell HOUGH, Third-Party Defendant, State Bank and Trust Company of Wellston, Wellston, Missouri, Garnishee.

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

July 29, 1965.


Attorney(s) appearing for the Case

Herbert E. Barnard, Barnard, Timm & McDaniel, St. Louis, Mo., for Garnishor.

Theodore Beezley, Springfield, Mo., for J. O'Connell Hough.

Glenn A. Burkart, Mann, Walter, Powell & Burkart & Weathers, Springfield, Mo., for Fidelity & Deposit Co.

Philip Gallop, St. Louis, Mo., for State Bank & Trust Co. of Wellston.


JOHN W. OLIVER, District Judge.

This case, the facts of which are stipulated, presents the question of whether, under the applicable Missouri law, a judgment debtor's equity in shares of stock of an Indiana corporation is subject to garnishment in aid of a writ of execution issued on behalf of a judgment creditor of this Court. We hold that it is, for reasons we shall state.

The file and records of this Court and the stipulation of the parties establish that...

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