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FIDELITY & DEPOSIT CO. v. UNION TRUST CO.

No. 255.

129 F.2d 1006 (1942)

FIDELITY & DEPOSIT CO. OF MARYLAND v. UNION TRUST CO. OF ROCHESTER, N. Y.

Circuit Court of Appeals, Second Circuit.

July 21, 1942.

Attorney(s) appearing for the Case

Raines & Raines, of Rochester, N. Y. (William M. Marks, of Rochester, N. Y., of counsel), for plaintiff-appellee and appellant.

Harris, Beach, Folger, Keating & Wilcox, of Rochester, N. Y. (Kenneth B. Keating and Frederick T. Pierson, both of Rochester, N. Y., of counsel), for defendant-appellant and appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

London Guarantee & Accident Company (which we shall call London) is a casualty company doing business in Rochester, New York. The offices were in charge of one O'Connell, whose duties consisted of investigation and settlement of claims resulting from accidents involving automobiles insured by the company. O'Connell entered into a conspiracy with a doctor named Kauffman and with others to defraud the company by making fraudulent...

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