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MID-STATES INSURANCE CO. v. AMERICAN FIDELITY & CAS. CO.

Civ. Nos. 31496, 31311.

125 F.Supp. 34 (1954)

MID-STATES INSURANCE COMPANY, a corporation, Plaintiff, The Anglo California National Bank of San Francisco, a national banking association, Plaintiff in Intervention, v. AMERICAN FIDELITY AND CASUALTY COMPANY, Inc., a corporation; The American Plan Corporation, a corporation; Mark Hart; Joseph Lotz; Ralph L. Smead; L. Sudekum; John Will; First Doe; Second Doe; Third Doe; Fourth Doe; Fifth Doe and Sixth Doe, Defendants and Third-Party Defendants.

United States District Court N. D. California, S. D.

October 12, 1954.

Attorney(s) appearing for the Case

Wallace, Garrison, Norton & Ray, San Francisco, Cal., Lewis Schimberg, Chicago, Ill., John R. Pascoe, Maynard Garrison, San Francisco, for plaintiff.

Severson, McCallum & Davis, A. McCallum, San Francisco, for plaintiff in intervention.

Bronson, Bronson & McKinnon, E. D. Bronson, Harold R. McKinnon, San Francisco, for defendants American Fidelity & Casualty Co., Inc., and American Plan Corp.

R. F. Tiedeman and P. D. Kakures, Oakland, for codefendant Joseph Lotz.

ROCHE, Chief Judge.

This is an action brought by Mid-States Insurance Company, hereafter called Mid-States, against (1) American Fidelity and Casualty Company, hereafter called American Fidelity, (2) its manager, the American Plan Corporation, and (3) certain agents and officers of these aforementioned defendants.

Plaintiff's complaint charges that the defendants conspired to defraud Mid-States, and that this conspiracy was actually carried out in breach of...

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