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NEW YORK CASUALTY CO. v. FORD

No. 11055.

145 F.2d 599 (1944)

NEW YORK CASUALTY CO. v. FORD et al.

Circuit Court of Appeals, Fifth Circuit.

December 5, 1944.

Attorney(s) appearing for the Case

Ralph W. Malone and Curtis White, both of Dallas, Tex., and Bert King, of Wichita Falls, Tex., for appellant.

H. M. Muse, of Wichita Falls, Tex., for appellees.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellees, a co-partnership doing business as Ford-Montgomery Company, purchased a fidelity bond issued by the appellant indemnifying appellees and eleven other concerns against loss in an amount not to exceed $2,500 due to larceny, theft, embezzlement, etc., by one or more employees. The bond was dated June 10, 1942, and the premiums were payable annually. The premiums, which were calculated on information furnished by appellees as to the number...

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