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COLEMAN v. HOLECEK

No. 75-1382.

542 F.2d 532 (1976)

Robert A. COLEMAN, Individually and as surviving spouse and next of kin of Verona Grace Coleman, Deceased, Plaintiff-Appellee, v. Lawrence D. HOLECEK, Defendant, and Allstate Insurance Company, Garnishee-Appellant.

United States Court of Appeals, Tenth Circuit.

September 27, 1976.

Attorney(s) appearing for the Case

Charles S. Fisher, Jr., Robert D. Ochs, Topeka, Kan. (Fisher, Ralston & Ochs, Topeka, Kan., on the brief), for plaintiff-appellee.

Herbert A. Marshall and William T. Nichols, Topeka, Kan. (Marshall, Hawks, McKinney & Hendrix, Topeka, Kan., on the brief), for garnishee-appellant.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and ZIRPOLI, District Judge.

ZIRPOLI, District Judge.

This is a garnishment proceeding initiated by Robert A. Coleman against the Allstate Insurance Company. Coleman seeks to garnish a debt owed by Allstate to Lawrence D. Holecek arising out of Allstate's allegedly wrongful refusal to defend Holecek in a personal injury and wrongful death action instituted against Holecek by Coleman. The district court found that Allstate wrongfully refused to defend...

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