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OVERMYER v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 793, Docket 76-7566.

554 F.2d 539 (1977)

Daniel H. OVERMYER and Shirley Overmyer, Plaintiffs-Appellants, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Irwin M. Echtman, New York City (Easton & Echtman, New York City), for plaintiffs-appellants.

Arthur N. Lambert, New York City (Hendler & Murray, New York City, Jason D. Wallach, New York City, of counsel), for defendants-appellees.

Before CLARK, Associate Justice, and MOORE and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This appeal reveals a crass misuse of both the state and federal judicial systems to avoid the payment of a judgment. In 1973 Eliot Realty, Inc. successfully brought an action against Overmyer Distribution Services, Inc. (Overmyer Inc.) in a Justice Court in Dallas, Texas to recover possession of real property. Overmyer Inc. appealed to the Dallas County Court obtaining from Fidelity and Deposit Company of Maryland (Fidelity), the appellee...

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