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McMAHAN & CO. v. PO FOLKS, INC.

No. 99-5012.

206 F.3d 627 (2000)

McMAHAN & COMPANY, Plaintiff-Appellant, v. PO FOLKS, INC., Defendant-Appellee, Traditional Bank, Incorporated f/k/a Montgomery Traders Bank & Trust Company, Garnishee-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 8, 2000.

Rehearing Denied April 4, 2000.

Attorney(s) appearing for the Case

Denise H. McClelland (briefed), Frost & Jacobs, Lexington, KY, Leigh R. Isaacs (argued and briefed), Isaacs & Evans, New York City, Plaintiff-Appellant.

Grover A. Carrington, White, Peck, Carrington & McDonald, Mt. Sterling, KY, for Defendant-Appellee.

Alan B. Peck (argued and briefed), White, Peck, Carrington, Williams & Neal, Mt. Sterling, KY, for Garnishee-Appellee.

Before: SUHRHEINRICH and GILMAN, Circuit Judges; COHN, District Judge.

OPINION

COHN, District Judge.

I. Introduction and Facts

This is an action to enforce a judgment. Plaintiff-Appellant McMahan & Co. (McMahan) appeals the district court's grant of summary judgment for Defendant-Appellees Po Folks, Inc. (Po Folks) and Montgomery Traders Bank & Trust Co., now known as Traditional Bank, Inc. (Bank).

A.

On February 28, 1995, McMahan obtained a default...

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