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CAPITAL BANCSHARES, INC. v. NORTH AMERICAN GUAR. INS. CO.

No. 28638.

433 F.2d 279 (1970)

CAPITAL BANCSHARES, INC., Plaintiff-Appellant-Cross Appellee, v. NORTH AMERICAN GUARANTY INSURANCE COMPANY and David M. Pack, Commissioner of the Department of Insurance and Banking, State of Tennessee, etc., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 10, 1970.

Attorney(s) appearing for the Case

Gibson Tucker, Jr., James Foley, III, Tucker & Schonekas, New Orleans, La., for plaintiff-appellant.

Peter T. Dazzio, Robert L. Roland, Watson, Blanche, Wilson, Posner & Thibaut, Baton Rouge, La., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In an extremely complex factual setting, we would face here the often equally complex question of removal.1 In Louisiana garnishment proceedings, the Court below refused to remand the case to the state Court and on the merits dissolved the attachments that it had ordered. Believing that there is no appealable order before us, we dismiss the appeal.2

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