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APOSTOLIC PENTECOSTAL CHURCH v. COLBERT

Nos. 97-1996/97-2000.

169 F.3d 409 (1999)

APOSTOLIC PENTECOSTAL CHURCH, Plaintiff-Appellee/Cross-Appellant, v. Clyde L. COLBERT, Sr.; Emanuel Missionary Temple d/b/a C & L Builders, Inc.; and C & L Builders and Investors, Defendants, Huntington Banks of Michigan, Intervenor-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 3, 1999.

Rehearing and Suggestion for Rehearing Denied April 9, 1999.

Attorney(s) appearing for the Case

Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, MI, Robert J. Hahn (argued and briefed), Cummings, McClorey, Davis & Acho, P.C., Farmington Hills, MI, for Plaintiff-Appellee/Cross-Appellant.

Hal O. Carroll (briefed), Christian E. Hildebrandt (argued and briefed), Vandeveer & Garzia, Detroit, MI, Edward A. Khoury (briefed), Khoury and Kassab, Birmingham, MI, for Defendants/Intervenor-Appellant/Cross-Appellee.

Before: WELLFORD, BOGGS, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 9, 1999.

OPINION

BOGGS, Circuit Judge.

Apostolic Pentecostal Church ("Apostolic"), fresh from recovering a judgment against defendants, initiated garnishment proceedings in federal district court. Huntington Banks of Michigan ("Huntington") was in possession of two Certificates of Deposit ("CDs") allegedly owned by defendant Colbert, but failed to disclose the existence of the two accounts...

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