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COMMERCIAL CREDIT CORP. v. U. S. FIRE INS.

No. 18042.

630 S.W.2d 651 (1981)

COMMERCIAL CREDIT CORPORATION, Appellant, v. UNITED STATES FIRE INSURANCE CO., et al, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied January 14, 1982.

Attorney(s) appearing for the Case

Painter & Painter, J. H. Painter, III, Houston, for appellant.

Lackshin & Nathan, Bernus Wm. Fischman, Smith & Lamm, Edwin Lamm, III, Houston, for appellees.

Before EVANS, C. J., and STILLEY and WARREN, JJ.

WARREN, Justice.

Summary judgment was granted awarding appellees Oak Forest Bank and Northshore Bank funds in the registry of the court which had been interplead by United States Fire Insurance Co. (U.S. Fire) and Home Indemnity Insurance Co. (Home Indemnity).

The question for our determination is whether the garnishment of the proceeds of a judgment, which is not final because of a pending appeal, is sufficient to establish a priority in favor of the garnishing...

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