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UNITED STATES EX REL. GOLDMAN v. MEREDITH

No. 78-1622.

596 F.2d 1353 (1979)

UNITED STATES ex rel. Sam GOLDMAN, Petitioner-Appellant, v. The Honorable James H. MEREDITH, Chief Judge, The Honorable John F. Nangle, Judge, W. H. Blumenthal, Secretary of the Treasury, Respondents. Appeal of MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1979.

Rehearing Denied May 9, 1979.

Attorney(s) appearing for the Case

Stuart J. Radloff, Friedman & Fredericks, Clayton, Mo., argued and on brief, for petitioner-appellant.

Gerre S. Langton, Evans & Dixon, St. Louis, Mo. (argued), and Henry D. Mehghini, St. Louis, Mo., on brief, for Merrill Lynch, et al.

Joseph Moore, Asst. U. S. Atty., St. Louis, Mo. (argued), and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., on brief, for Secretary of Treasury.

Before STEPHENSON and McMILLIAN, Circuit Judges, and ROBINSON, Senior District Judge.

McMILLIAN, Circuit Judge.

This case concerns the validity of several orders entered by the district court1 in supplementary post-judgment proceedings to enforce its judgment. It also raises a question that appears to be one of first impression, that is, whether book-entry Treasury bills are subject to garnishment proceedings.

In the underlying litigation appellee, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill...

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