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ZESTEE FOODS, INC. v. PHILLIPS FOODS CORP.

No. 75-1541.

536 F.2d 334 (1976)

ZESTEE FOODS, INC., an Oklahoma Corporation, Plaintiff-Appellant, v. PHILLIPS FOODS CORPORATION, an Illinois Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 21, 1976.

Attorney(s) appearing for the Case

C. Rabon Martin, Tulsa, Okl., for plaintiff-appellant.

Nicholas G. Dozoryst, II, Chicago, Ill. (Chatz, Sugarman & Abrams, and Joel A. Haber, Chicago, Ill., of counsel, on the brief), for defendant-appellee.

Before HILL, SETH and DOYLE, Circuit Judges.

DOYLE, Circuit Judge.

Appellant, Zestee Foods, has appealed a judgment of the district court dismissing its garnishee summons against Phillips Food Corporation. This had been served on Jewett and Sherman, the garnishee, which was indebted to Phillips, an Illinois corporation.

On September 29, 1971, Zestee sued Phillips in the United States District Court for the Western District of Oklahoma. A judgment was recovered...

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