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ORITANI SAV. AND LOAN ASS'N v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 91-5874.

989 F.2d 635 (1993)

ORITANI SAVINGS AND LOAN ASSOCIATION, a corporation organized under the Banking Laws of New Jersey v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND (A Maryland Corp.) Fidelity & Deposit Company of Maryland, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 16, 1993.

Attorney(s) appearing for the Case

Andrew T. Fede, Contant, Scherby & Atkins, Hackensack, NJ, for appellee.

James M. Mulvaney, Joseph P. McNulty, Michael S. Stein, McElroy, Deutsch & Mulvaney, Morristown, NJ, for appellant.

Before: MANSMANN, SCIRICA and ROTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) June 12, 1992.

OPINION OF THE COURT

ROTH, Circuit Judge.

This case arises from an insurance coverage dispute stemming from an incidence of telephone fraud perpetrated against Oritani Savings and Loan (Oritani). Oritani brought suit against Fidelity and Deposit Company of Maryland (Fidelity), seeking a declaratory judgment that Fidelity is obligated to indemnify Oritani under an insurance contract, a Savings...

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