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IN RE SOUTHWESTERN GLASS CO., INC.

No. 02-2565.

332 F.3d 513 (2003)

In re: SOUTHWESTERN GLASS COMPANY, INC., Debtor. Waelder Oil & Gas, Inc.; Fred J. Waelder, Plaintiffs/Appellees, v. Southwestern Glass Company, Inc., Defendant, v. The Bank of Arkansas, NA, Garnishee/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2003.

Attorney(s) appearing for the Case

Frederic Dorwart, argued, Tulsa, OK (J. Michael Medina, Matthew J. Brown, E. Lamar Pettus, Donna C. Pettus, on the brief), Tulsa, OK, for appellant.

Robert M. Honea, argued, Fort Smith, AR, for appellee.

Before BOWMAN, RILEY, and SMITH, Circuit Judges.

RILEY, Circuit Judge.

Waelder Oil & Gas, Inc. and Fred Waelder (collectively Waelder) served a writ of garnishment upon the Bank of Arkansas, NA (Bank) to obtain any Southwestern Glass Company (Southwestern) property held by the Bank. Answering the writ, the Bank turned over approximately $5,000 held in a Southwestern checking account, but did not disclose a credit arrangement using a loan manager account, a type of zero balance account. Waelder challenged the...

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