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FOX v. BREWER

No. 79-1674.

620 F.2d 177 (1980)

Robert H. FOX and Kathlene Fox, Appellants, v. Bill BREWER, Ranger Insurance Co., (Garnishee), Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1980.

Attorney(s) appearing for the Case

Russell A. Willis, III, Bartley, Goffstein, Bollato & Lange, Clayton, Mo., for appellants; Gary H. Lange, Clayton, Mo., on brief.

Fritz G. Faerber, Lucas & Murphy, St. Louis, Mo., for appellee.

Before LAY, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

LAY, Chief Judge.

On April 20, 1979, Ranger Insurance Company, defendant in a garnishment action brought by Robert H. Fox, moved under Fed.R.Civ.P. 41(b) for dismissal for failure to prosecute. The motion alleged the case had been transferred to the United States District Court for the Eastern District of Missouri on January 5, 1978, and no action had been taken since that time. Fox answered, stating the case had been delayed in prosecution because of his attorney...

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