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SMITH v. RJH OF FLORIDA, INC.

Civil Action No. 3:06CV689TSL-JCS.

520 F.Supp.2d 838 (2007)

Leon E. SMITH and Emma Jean Smith, Plaintiffs v. RJH OF FLORIDA, INC. and Kimco Leasing, Inc., Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

October 19, 2007.

Attorney(s) appearing for the Case

Carroll Edward Rhodes, Law Offices of Carroll Rhodes, Hazlehurst, MS, for Plaintiffs.

Lester F. Smith, Smith & McArty, Ridgeland, MS, for Defendants.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

Plaintiffs Leon E. Smith and Emma Jean Smith filed their complaint in this cause seeking to recover actual and punitive damages for what they allege is a "wrongful garnishment" by defendants, and further seeking a declaratory judgment that the judgment upon which such petition for garnishment is void. Defendants RJH of Florida, Inc. and Kimco Leasing, Inc. have moved to dismiss or, in the alternative...

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