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SHAW v. BOTENS

No. 17185.

403 F.2d 150 (1968)

Florence SHAW, Administratrix of the Estate of Charles Edward Gilbert, Deceased, Appellant, v. Gary F. BOTENS, by his Guardian ad litem, Donald Botens, Defendant, and Nationwide Mutual Insurance Company, Garnishee-Appellee.

United States Court of Appeals Third Circuit.

Decided November 19, 1968.

Attorney(s) appearing for the Case

Milford J. Meyer, Meyer, Lasch, Hankin & Poul, Philadelphia, Pa. (Louis A. Fine, Honesdale, Pa., on the brief), for appellant.

Hugh J. McMenamin, Warren, Hill, Henkelman & McMenamin, Scranton, Pa. (Walter L. Hill, Jr., Scranton, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal seeks reversal of a District Court (1) judgment dated January 16, 1968, for plaintiff against the garnishee (Nationwide Mutual Insurance Company) in the amount of $731.09 (representing interest on $25,000. previously paid by the garnishee on account of plaintiff's June 30, 1966, judgment against defendant of $33,485.08), and (2) order dated December 19, 1967, sustaining objections of the garnishee...

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