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PINK v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 256.

88 F.2d 630 (1937)

PINK, Superintendent of Insurance, v. FIDELITY & DEPOSIT CO. OF MARYLAND.

Circuit Court of Appeals, Second Circuit.

March 8, 1937.

Attorney(s) appearing for the Case

Hughes, Schurman & Dwight, Ralph S. Harris, E. Myron Bull, William L. Wilkinson, and Harold L. Smith, all of New York City, for appellant.

Alfred C. Bennett, of New York City (Irvin Waldman, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This appeal is from a judgment entered upon stipulated facts in an action to recover upon an agreement of reinsurance. The plaintiff is the liquidator of an insolvent surety company, and it is agreed that the agreement would cover the loss for which he sues, if it had been paid, which of course it has not and never will be. The only question is whether the defendant's promise was limited to indemnifying the reinsured — the insolvent...

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