Larson v. Dauphin Realty Co.

WOOD, District Judge.

This is a motion for summary judgment against a garnishee insurance company. On October 16, 1963, judgment was entered in an action for personal injuries against the Dauphin Realty Company for the sum of $86,000.00. This judgment has been appealed and is presently before the United States Court of Appeals for the Third Circuit awaiting decision.

Neither the defendant, Dauphin Realty Company, nor its insurer, the Boston Insurance Company, has filed a supersedeas bond to stay execution of the judgment as required by Fed.R.Civ.P. 73(d). A writ of execution issued against the…