United States Ninth Circuit

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Labertew v. Langemeier, 14-15879

In a garnishment proceeding arising out of an insurance settlement and assignment, the district court's judgment discharging insurers is vacated and remanded for further proceedings where: 1) the garnishment proceeding was removable, and the district court had jurisdiction; 2) there was no federal judgment in this case upon which to execute; and 3) the district court had discretion under Fed. R. Civ. P. 81(c)(2) to order repleading.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/01/20

Judges

  • KLEINFELD

Court

  • United States Ninth Circuit

Counsel


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