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BANK OF COMMERCE v. HARTFORD ACCIDENT & INDEM. CO.

No. 12060.

164 F.2d 149 (1947)

BANK OF COMMERCE v. HARTFORD ACCIDENT & INDEMNITY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1947.

Attorney(s) appearing for the Case

W. W. Dykes, S. H. Dykes, and Wingate Dykes, all of Americus, Ga., and Bentley H. Chappell and Samuel E. Kelly, Jr., both of Columbus, Ga., for appellant.

Elliott Goldstein and B. D. Murphy, both of Atlanta, Ga., R. R. Jones, of Dawson, Ga., and Hyliard B. Williams, of Americus, Ga., for appellees.

Before SIBLEY, HOLMES, and LEE, Circuit Judges.

HOLMES, Circuit Judge.

This is an action for damages for a loss alleged to have resulted directly from the fraudulent conversion of designated quantities of oats, corn, peanuts, and other commodities in the custody of one Richard Frazier. It was brought by appellant, the Bank of Commerce, as obligee in a fidelity bond, against the appellee, the Hartford Accident & Indemnity Company, the obligor in said bond. On motion of the latter in the court below, the principal...

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