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McCARTY v. PARKS

No. 14761.

564 P.2d 1122 (1977)

Etheline K. McCARTY, Plaintiff and Appellant, v. Robert Lewis PARKS, Jr., Defendant, v. ROYAL GLOBE INSURANCE COMPANIES, Garnishee Defendant and Respondent.

Supreme Court of Utah.

May 20, 1977.

Attorney(s) appearing for the Case

Lionel M. Farr, Salt Lake City, for plaintiff and appellant.

H. James Clegg and Raymond M. Berry, Worsley, Snow & Christensen, Salt Lake City, for garnishee defendant and respondent.

CROCKETT, Justice:

In the main stem of this lawsuit plaintiff Etheline K. McCarty sued and took a default judgment against Robert Lewis Parks, Jr. for $123,550 damages for injuries plaintiff sustained in an automobile collision. That judgment is not before us on this appeal.

On review here is a proceeding by which the plaintiff attempted to compel later interpleaded garnishee defendant, Royal Globe Insurance Companies (herein called Royal Globe), to pay the...

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