ACE GRAIN CO., INC. v. RHODE ISLAND INS. CO., 199 F.2d 758 (2nd Cir. 1952)


ACE GRAIN COMPANY, Inc., Judgment Creditor Appellant, v. RHODE ISLAND INSURANCE COMPANY, Judgment Debtor Appellee, and Doeskin Products, Inc., Third Party Appellee.

No. 69, Docket 22410.United States Court of Appeals, Second Circuit.Argued November 12, 1952.
Decided December 1, 1952.

Appeal from the United States District Court for the Southern District of New York; Henry W. Goddard, Judge.

From an order dismissing supplementary proceedings against the Rhode Island Insurance Company, enjoining the judgment-creditor, Ace Grain Company, Inc., from all proceedings in the nature of an attachment, garnishment or execution against the Rhode Island Insurance Company or its assets, and vacating a third party subpoena served upon Doeskin Products, Inc., Ace Grain Company, Inc. appeals.

Otto Easterday, New York City, Henry E. Otto and Samuel C. Otto, New York City, of counsel, for judgment-creditor-appellant.

Kresel Meyerson, New York City, Isidor J. Kresel, New York City, of counsel, for Thomas J. Meehan, Director of Business Regulation of Rhode Island, Receiver for Rhode Island Ins. Co.

Rein, Mound Cotton, New York City, Bert Cotton, New York City, of counsel, for Rhode Island Ins. Co., judgment-debtor-appellee.

Before AUGUSTUS N. HAND, CHASE and CLARK, Circuit Judges.

PER CURIAM.

The order is affirmed on the opinion of the court below 107 F. Supp. 80.