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WAUSAU INS. COMPANIES v. KOAL INDUSTRIES INTERN.

No. EV 91-160-C.

811 F.Supp. 399 (1991)

WAUSAU INSURANCE COMPANIES, Plaintiff, v. KOAL INDUSTRIES INTERNATIONAL, INC., Defendant, Asland Cement Corporation and Asland, S.A., Garnishee Defendants.

United States District Court, S.D. Indiana, Evansville Division.

December 16, 1991.

Attorney(s) appearing for the Case

David M. Shaw, Mitchell Staser & Shaw, Evansville, IN, for Wausau Ins. Companies.

W.C. Wilson, III, Henderson, KY, for Koal Industries Intern. Inc.

F. Wesley Bowers, Bowers Harrison Kent & Miller, Evansville, IN, for Asland Cement Corp. and Asland, S.A.

MEMORANDUM

BROOKS, Chief Judge.

This matter comes before the court on Wausau Insurance Companies's (Wausau) Motion for Remand and on cross motions for sanctions. Wausau argues this case should be remanded to Vanderburgh Superior Court because it is a garnishment action, because garnishment actions are ancillary and supplemental to the enforcement of the underlying state court judgment, and because ancillary proceedings are not removable to federal district...

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