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ASHWELL & COMPANY v. TRANSAMERICA INSURANCE COMPANY

No. 16787.

407 F.2d 762 (1969)

ASHWELL & COMPANY, Inc., Plaintiff-Appellee, v. TRANSAMERICA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 3, 1969.

Attorney(s) appearing for the Case

John P. Hampton, Roger D. Doten, Dent, Hampton & Doten, Chicago, Ill., for appellant.

A. Denison Weaver, Chicago, Ill., for appellee.

Before FAIRCHILD, CUMMINGS and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff Ashwell sued defendant Transamerica in a diversity action to recover certain fidelity losses (sustained prior to December, 1966) under a bond issued to it by Transamerica which insured Ashwell against losses caused by the dishonest acts of its employees. Transamerica answered and counterclaimed for reformation of the bond. Ashwell replied raising three affirmative defenses to the counterclaim. Transamerica amended its counterclaim...

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