Legal Opinion

Waelder Oil & Gas, Inc. v. Southwestern Glass Co. (In Re Southwestern Glass Co.)

Court of Appeals for the Eighth Circuit

Decided June 11, 2003No. 02-2565PublishedCited by 3 opinions

1Opinion of the Court

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 Bank’s answers to the writ of garnishment. After removal to the Western District of Arkansas, and transfer to the bankruptcy court, the…

2Cases cited13 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Larry T. Tadlock, Appellee/cross-Appellant v. Donald E. Powell, Chairman, Federal Deposit Insurance Corporation, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2002
  3. McMahan & Company v. Po Folks, Inc., Traditional Bank, Incorporated F/k/a Montgomery Traders Bank & Trust Company, Garnishee-AppelleeCourt of Appeals for the Sixth Circuit · 2000
  4. Board of Regents v. HarrimanMissouri Court of Appeals · 1993
  5. First National Bank in Dallas v. Banco Longoria, S. A.Court of Appeals of Texas · 1962

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3Cited by3 opinions

  1. Shodeen v. Airline Software, Inc. (In Re Accessair, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  2. Anita L. Shodeen v. Airline SoftwareUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  3. In Re: Southwestern Glass Company, Inc., Debtor. Waelder Oil & Gas, Inc. Fred J. Waelder v. Southwestern Glass Company, Inc. v. The Bank of Arkansas, Na, Garnishee/appellantCourt of Appeals for the Eighth Circuit · 2003

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