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ÆTNA CASUALTY & SURETY CO. v. FIRST TRUST & SAVINGS BANK

No. 6625.

62 F.2d 316 (1932)

ÆTNA CASUALTY & SURETY CO. v. FIRST TRUST & SAVINGS BANK.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1933.

Attorney(s) appearing for the Case

Harry Preston Lawther, of Dallas, Tex., for appellant.

J. W. Cocke, of Waco, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The First Trust & Savings Bank sued Ætna Casualty & Surety Company at law on a fidelity bond because of dishonest acts of an employee Anderson. Both sides moving for a directed verdict, the court directed it for the bank. The surety company appeals, alleging that action to be error because the loss claimed was not discovered within twelve months from the termination of the bond and because no loss occurred during the period covered...

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