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LEADER CLOTHING CO. v. FIDELITY & CASUALTY CO. OF N.Y.

Nos. 5180, 5181.

237 F.2d 7 (1956)

LEADER CLOTHING COMPANY, Inc., a corporation, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellee. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Cross-Appellant, v. LEADER CLOTHING COMPANY, Inc., a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 31, 1956.

Attorney(s) appearing for the Case

John E. Shamberg, Kansas City, Kan. (Joseph Cohen, Charles S. Schnider, Thomas E. Joyce and Joseph P. Jenkins, Kansas City, Kan., were with him on the brief), for appellant and cross-appellee.

Tom J. Stubbs, Kansas City, Mo. (Willard L. Phillips, McAnany, Van Cleave & Phillips, Kansas City, Kan., and Stubbs, McKenzie, Williams & Merrick, Kansas City, Mo., were with him on the brief), for appellee and cross-appellant.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

The action out of which these two appeals arose was filed in the State District Court of Wyandotte County, Kansas, and was removed to the Federal Court. Recovery was sought on an insurance policy denominated Blanket Position Bond.

The facts necessary to consider are substantially as follows. The Leader Clothing Company1 is a large mercantile establishment, doing business in Kansas City, Kansas, and having...

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