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MARINE MIDLAND BANK v. SURFBELT, INC.

Misc. No. 8536, Sur. Civ. A. No. 79-1808.

532 F.Supp. 728 (1982)

MARINE MIDLAND BANK, Plaintiff, v. SURFBELT, INC., Techni/Lease Financial, Inc. and John H. Miller, Defendants, and McKeesport National Bank and Pittsburgh National Bank, Garnishees.

United States District Court, W. D. Pennsylvania.

February 16, 1982.

Attorney(s) appearing for the Case

Robert O. Lampl, Pittsburgh, Pa., for Techni/Lease Financial, Inc. and John H. Miller.

Charles P. Falk, Baskin & Sears, P. C., Pittsburgh, Pa., for Bank.

MEMORANDUM OPINION

TEITELBAUM, District Judge.

Marine Midland Bank (Bank) recovered a judgment against John H. Miller and others and commenced these execution proceedings. The Bank has garnished Miller's IRA account at the McKeesport National Bank. Miller claims this account is exempt from execution under 42 Pa.C.S.A. § 8124(b) (1)(viii). The Bank opposes Miller's claim contending this exemption cannot be asserted in these proceedings and, in the alternative...

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