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CAPITAL ONE BANK v. EDISON CREDIT UNION

Nos. WD 70045, WD 70088.

299 S.W.3d 662 (2009)

CAPITAL ONE BANK, Appellant-Respondent, v. EDISON CREDIT UNION, Respondent-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 24, 2009.

Application for Transfer Denied January 26, 2010.

Attorney(s) appearing for the Case

Ninion S. Riley, for Amicus Curiae.

David J. Weimer, for Appellant-Respondent.

Alan D. Schwartz, for Respondent-Appellant.

Before THOMAS H. NEWTON, C.J., JAMES EDWARD WELSH, and KAREN KING MITCHELL, JJ.

JAMES EDWARD WELSH, Judge.

When Capital One Bank sought to garnish a judgment debtor's funds held by Edison Credit Union, Edison refused to hold the garnished funds and allowed the judgment debtor to withdraw all of the funds from the garnished account after service of the garnishment. Edison claimed that the funds consisted solely of unemployment benefits. Thereafter, Capital One filed a "Motion to Pay Garnished Funds into Court or Exceptions to Garnishee's Interrogatory...

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