Ebsco Industries, Inc. v. Thomas E. Lilly, Third-Party-Plaintiff, J. Richard Egan Richard D. Egan and J. Edward Porter, III

*334MERRITT, Circuit Judge.

This appeal raises questions under Rule 64, Fed.R.Civ.P. which provides for prejudgment attachment to preserve assets for the payment of anticipated judgments and under Rule 65, which provides for in-junctive relief. Specifically the issue is whether the District Court may use its injunctive powers under Rule 65 instead of its attachment authority under Rule 64 in order to preserve assets prior to trial or judgment, and if so, under what circumstances?

Rule 64 provides that “during the course of an action, all remedies ... for ... seizure of ... property for the purpose…