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UNDERWRITING MEMBERS OF LLOYD'S IN LLOYD'S POLICY NO. 52342 v. CALIFORNIA FRUIT GROWERS EXCHANGE

No. 10287.

136 F.2d 560 (1943)

UNDERWRITING MEMBERS OF LLOYD'S IN LLOYD'S POLICY NO. 52342 et al. v. CALIFORNIA FRUIT GROWERS EXCHANGE et al.

Circuit Court of Appeals, Ninth Circuit.

June 14, 1943.

Attorney(s) appearing for the Case

Chas. E. R. Fulcher, of Los Angeles, Cal., for appellants.

George E. Farrand, Ross C. Fisher, and Farrand & Farrand, all of Los Angeles, Cal., for appellee California Fruit Growers Exchange.

Mills & Wood, of Los Angeles, Cal., for appellee U. S. Fidelity & Guaranty Co.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

During 1937 one Jones was in the employ of appellee Fruit Growers Exchange. Between May 1 and November 1 of that year, through Jones' defalcations, Fruit Growers suffered a loss of $23,019.22. The United States Fidelity and Guaranty Company had issued to the employer a fidelity bond, referred to in the record as the "primary bond," limited in coverage to the sum of $1,000. This bond was in effect during the period of the defalcations. It contained...

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