Legal Opinion

Myrl Rumsey, Garnishee v. George E. Failing Company

Court of Appeals for the Tenth Circuit

Decided June 29, 1964No. 7331_1PublishedCited by 26 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

This is a proceeding in garnishment upon a federal court money judgment, brought in the United States District Court for the District of Kansas. The judgment creditor is George E. Failing Company. 1 The judgment debtor is Kan-Tex Drillers, Inc. 2 The garnishee is Myrl Rumsey.

Rule 69(a), Fed.Rules Civ.Proc., in part here material, reads:

“ * * * The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court…

2Cases cited5 opinions

  1. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  2. John R. Alley & Co. v. Federal Nat. BankCourt of Appeals for the Tenth Circuit · 1942
  3. Bair v. Bank of America National Trust & Savings Ass'nSupreme Court of the United States · 1940
  4. Bair v. Bank of America Nat. Trust & Savings Ass'nCourt of Appeals for the Ninth Circuit · 1940
  5. Margaret Denning v. Edward Denning and Mary DenningCourt of Appeals for the Tenth Circuit · 1960

3Cited by26 opinions

  1. Adamson v. BowenCourt of Appeals for the Tenth Circuit · 1988
  2. Natta v. HoganCourt of Appeals for the Tenth Circuit · 1968
  3. Oklahoma Radio Associates v. Federal Deposit InsuranceCourt of Appeals for the Tenth Circuit · 1992
  4. Resolution Trust Corporation, as Receiver for Peoples Savings and Loan Associations, F.A. v. Angelo Ruggiero and Gina RuggieroCourt of Appeals for the Seventh Circuit · 1993
  5. Celsa Hilao v. Estate of Ferdinand E. Marcos, and Swiss Bank Corporation and Credit SuisseCourt of Appeals for the Ninth Circuit · 1996

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