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UNITED STATES PIPE & FDRY. CO. v. HOLCOMB PIPE LINES, INC.

No. 72-1844.

465 F.2d 827 (1972)

UNITED STATES PIPE AND FOUNDRY COMPANY, Plaintiff-Appellee, v. HOLCOMB PIPE LINES, INC., Defendant, and Bank of Clearwater and Bank of Clearwater as Executor of the Estate of Walter J. Weaver, et al., Garnishees-Appellants.

United States Court of Appeals, Fifth Circuit.

September 8, 1972.

Attorney(s) appearing for the Case

James A. Baxter, Macfarlane, Ferguson, Allison & Kelly, Clearwater, Fla., for garnishees-appellants.

Peter J. Winders, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tampa, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

PER CURIAM:

Our prior opinion dated July 25, 1972 is withdrawn and the following opinion is substituted therefor.

A writ of garnishment in aid of the district court's judgment was served on the executor of a Florida estate. The executor denied any indebtedness despite the fact that the judgment debtor then held a sizable unsatisfied judgment against the estate as the result of an independent...

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