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LOEWEN-AMERICA, INC. v. ADVANCE DISTRIBUTING CO.

Nos. 82-1891, 82-1927.

705 F.2d 311 (1983)

LOEWEN-AMERICA, INC., a Delaware Corporation, Appellee, v. ADVANCE DISTRIBUTING CO., INC., a Corporation, v. LINDELL TRUST COMPANY, a Corporation, Garnishee, Appellee. Charles L. Kagels, an Individual, Intervenor, Appellant. LOEWEN-AMERICA, INC., a Delaware Corporation, Appellant, v. ADVANCE DISTRIBUTING CO., INC., a Corporation, v. LINDELL TRUST COMPANY, a Corporation, Garnishee, Appellee. Charles L. Kagels, an Individual, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1983.

Attorney(s) appearing for the Case

Coburn, Croft & Putzell, Walter O. Theiss, St. Louis, Mo., for Loewen-America, Inc.

Walter F. Timm, Lashly, Caruthers, Baer & Hamel, P.C., St. Louis, Mo., for appellee Lindell Trust Co.

Grove Sweet, St. Louis, Mo., for intervenor-appellant.

Before ARNOLD, Circuit Judge, and FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

PER CURIAM.

This is an appeal from a final order of the district court1 in execution and garnishment proceedings arising out of a final judgment in favor of Loewen-America, Inc. and against Advance Distributing Co., Inc. The district court awarded Loewen-America the proceeds of a bank account held in the name of Advance Distributing Company, and found that the Lindell Trust Company held a prior lien on an Advance Distributing Company pickup...

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