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SENTRY INSURANCE v. LONGACRE

Nos. CIV-74-351-B, CIV-74-512-B.

403 F.Supp. 1264 (1975)

SENTRY INSURANCE, a Mutual Company, Plaintiff, v. J. C. LONGACRE and Melvin Stephens, Defendants. Melvin STEPHENS, Plaintiff, v. J. C. LONGACRE, Defendant, Sentry Insurance Company, a corporation, Garnishee.

United States District Court, W. D. Oklahoma.

October 31, 1975.

Attorney(s) appearing for the Case

Tom L. King, King & Roberts and Earl D. Mills, Foliart, Mills & Niemeyer, Oklahoma City, Okl., for Sentry Ins.

Murray Cohen, Cohen & Pluess, Thomas W. Sullivan, Miskovsky, Sullivan & Miskovsky, and Don Porter, Oklahoma City, Okl., for Melvin Stephens.

The defendant, J. C. Longacre, made no appearance and has not been represented by counsel in this case.

BOHANON, District Judge.

The above-styled cases were consolidated for consideration, the earlier being an action for declaratory judgment filed by Sentry Insurance (CIV-74-351-B) and the later being a garnishment action filed by Melvin Stephens (CIV-74-512-B). There are but three genuine issues in the cases, all questions of law. First, what is the res judicata effect of a default judgment rendered in the District Court of Canadian County, Oklahoma? Second...

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