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LEBER-KREBS, INC. v. CAPITOL RECORDS

No. 109, Docket 85-7245.

779 F.2d 895 (1985)

LEBER-KREBS, INC., Plaintiff-Appellant, v. CAPITOL RECORDS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 23, 1985.

Attorney(s) appearing for the Case

Steven M. Kramer, Philadelphia, Pa. (Richard Bello, Barr & Bello, New York City, of counsel), for plaintiff-appellant.

Solomon Granett, New York City (Granett & Gold, P.C., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, KEARSE and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Ordinarily, after a plaintiff obtains an ex parte attachment order against a debtor's property it attempts to garnish assets of the debtor in the hands of a third party. This appeal presents the vexing problem that arises when a plaintiff claims that its rights to enforce a judgment against the debtor were lost because the garnishee falsely denied holding any of the debtor's property. As a result, when plaintiff moved within the statutorily...

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