BRICKS UNLIMITED, INC. v. AGEE

No. 81-4346 Summary Calendar.

672 F.2d 1255 (1982)

BRICKS UNLIMITED, INC. Plaintiff-Appellant, v. Ralph L. AGEE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 15, 1982.


Attorney(s) appearing for the Case

Bennett, Lotterhos & Sulser, Joseph E. Lotterhos, Craig M. Geno, Jackson, Miss., for plaintiff-appellant.

Leon A. Crist, Metairie, La., for defendants-appellees.

Before GEE, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

This interpleader action involves two principal issues. The first issue is whether a holder in due course of a negotiable instrument is entitled to priority of payment over a judgment creditor of the instrument's payee, where, prior to transfer of the instrument to the holder in due course, the creditor has caused a writ of garnishment to be served upon the maker of the instrument. We agree with the...

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