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FOUNDATION RESERVE INSURANCE COMPANY v. FAUST

No. 7028.

377 P.2d 681 (1962)

71 N.M. 271

FOUNDATION RESERVE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. Fred FAUST, John A. Flaska and Fidelity & Deposit Company of Maryland, a Corporation, Defendants-Appellees.

Supreme Court of New Mexico.

Rehearing Denied January 30, 1963.

Attorney(s) appearing for the Case

Leslie D. Ringer, Santa Fe, for appellant.

Traub, Parham & Zuris, Albuquerque, for Fred Faust. John D. Murphy, Albuquerque, for John A. Flaska and Fidelity & Deposit Co. of Maryland.

SWOPE, District Judge.

In this case plaintiff, Foundation Reserve Insurance Company, a corporation, sued the defendants, Fred Faust, owner of an automobile wrecking and towing company, and John A. Flaska, sheriff of Bernalillo County, and Fidelity & Deposit Company of Maryland, a corporation, the surety on the sheriff's statutory bond, to recover monies it was required to pay under the theft coverage provisions of an automobile insurance policy allegedly because...

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