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McKISSICK v. FOREMOST-McKESSON, INC.

No. 29753.

441 F.2d 811 (1971)

Bobby J. McKISSICK, Defendant-Appellant, v. FOREMOST-McKESSON, INC., d/b/a McKesson and Robbins Drug Co., Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

April 21, 1971.

Attorney(s) appearing for the Case

Kenneth R. Cain, Ozark, Ala., for defendant-appellant.

Hobbs, Copeland, Franco, Riggs & Screws, Howard C. Oliver, Montgomery, Ala., for plaintiff-appellee.

Before CLARK, Associate Justice, and GEWIN and RONEY, Circuit Judges.

GEWIN, Circuit Judge:

Appellant Bobby J. McKissick sought to enjoin the sale of two businesses which were ordered to be sold by the court pursuant to a levy of execution on a judgment obtained by appellee against Clarence R. Hull. Appellant claims that he, not Hull, owned the businesses. After a hearing on the question of ownership, the district court rejected appellant's claim and ordered the United States Marshal to proceed with the sale.1

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