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IPAVA FARMERS ELEVATOR CO. v. HAWKEYE-SECURITY INS. CO.

No. 11264.

222 F.2d 833 (1955)

IPAVA FARMERS ELEVATOR COMPANY, Counter-Plaintiff-Appellee, v. HAWKEYE-SECURITY INSURANCE COMPANY, Counter-Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 27, 1955.

Attorney(s) appearing for the Case

George B. Gillespie, Louis F. Gillespie, Frederick H. Stone, Springfield, Ill., Gillespie, Burke & Gillespie, Springfield, Ill., of counsel, for appellant.

Elmer Nafziger, W. Knowles Laird, Springfield, Ill., Frederick O. Mercer, Canton, Ill., Stevens, Herndon & Nafziger, Springfield, Ill., Chiperfield & Chiperfield, Canton, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, and MAJOR and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This action was tried on a counterclaim, the amended complaint having been voluntarily dismissed. Ipava Farmers Elevator Company, the counter-plaintiff, hereinafter sometimes referred to as plaintiff, purchased a "fidelity bond" from Hawkeye-Security Insurance Company, the counter-defendant, hereinafter sometimes referred to as defendant. The bond provided that the defendant would indemnify the plaintiff against any loss caused by fraud or dishonest...

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