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ROBERTS v. PRINTUP

No. 08-3189.

595 F.3d 1181 (2010)

Brenda C. ROBERTS, Plaintiff-Judgment Creditor-Appellant, v. Patrick PRINTUP, Jr., Defendant-Judgment Debtor, Shelter Mutual Insurance Company, Garnishee-Appellee.

United States Court of Appeals, Tenth Circuit.

February 17, 2010.

Attorney(s) appearing for the Case

David A. Hoffman (Donald W. Vasos with him on the briefs) of Vasos Law Offices, Shawnee Mission, KS, for Plaintiff-Judgment Creditor-Appellant.

Craig C. Blumreich (Joel W. Riggs with him on the brief) of Larson & Blumreich, Chartered, Topeka, KS, for Garnishee-Appellee.

Before MURPHY, SEYMOUR and TYMKOVICH, Circuit Judges.

SEYMOUR, Circuit Judge.

Brenda C. Roberts appeals the district court's decision that barred her garnishment action against Shelter Mutual Insurance Company ("Shelter"), which sought collection of a judgment in excess of policy limits. We reverse.

I

On April 21, 2000, Patrick Printup, Jr., Ms. Robert's sixteen-year old son, was driving their car when the car's brakes failed.1 The car struck a utility pole, chain link fence...

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