CITY NAT. BANK OF FAIRMONT v. FIDELITY MUT. LIFE INS. CO.

No. 6599.

206 F.2d 531 (1953)

CITY NAT. BANK OF FAIRMONT v. FIDELITY MUT. LIFE INS. CO.

United States Court of Appeals Fourth Circuit.

Decided August 8, 1953.


Attorney(s) appearing for the Case

William P. Lehman, Fairmont, W. Va. (John D. Amos, Fairmont, W. Va., on the brief), for appellant.

C. H. Hardesty, Jr., and Russell L. Furbee, Fairmont, W. Va. (Furbee & Hardesty, Fairmont, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.


DOBIE, Circuit Judge.

The City National Bank of Fairmont, (hereinafter called the Bank), instituted, in the United States District Court for the Northern District of West Virginia, a civil action, sounding in tort, against The Fidelity Mutual Life Insurance Company (hereinafter called Fidelity), to recover damages for the alleged fraud, deceit or misrepresentation of Fidelity. The District Judge found (1) that the Bank's...

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