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SCHOLZ HOMES, INC. v. LARSON

No. 18003.

437 F.2d 1060 (1971)

SCHOLZ HOMES, INC., Plaintiff-Appellee, v. Lavern E. LARSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

January 26, 1971.

Attorney(s) appearing for the Case

Paul M. Smith, Jr., Keith K. Nicolls, William E. Lucas, Chicago, Ill., for defendant-appellant; Horton, Davis, McCaleb & Lucas, Chicago, Ill., of counsel.

Lawrence C. Mills, Robert J. Garrett, Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and FAIRCHILD and KERNER, Circuit Judges.

FAIRCHILD, Circuit Judge.

This is an appeal by defendant Larson from an order after judgment allowing plaintiff Scholz Homes, Inc. to satisfy its judgment against defendant Kilby out of a fund deposited with the court. The fund was deposited by Larson as security in lieu of supersedeas to obtain a stay of execution on a judgment against both Kilby and Larson, pending appeal. The appeal turned out favorably for Larson, but only partially so for Kilby.

In July...

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