United States of America for the Use of Theodore A. Tanos v. St. Paul Mercury Insurance Company

*840JOHN R. BROWN, Circuit Judge

(dissenting) :

In spite of the fact that the Federal Rules dealing with service of process, F.R.Civ.P. 4, and garnishment, F.R.Civ.P. 64 and 69,1 have been consistently amended to allow resort tcrstate procedure in the Federal District Courts, and in spite of the fact that the Appellee-Garnishee got all the notice it was entitled to under Florida, and federal, law, the Court, by relying on two easily distinguishable Tenth Circuit decisions and without much mention of the law of Florida applicable to the facts of this case, holds that it makes a difference whether…