CENTRAL NAT. BANK OF MATTOON v. FIDELITY & DEPOSIT CO. OF MD.

Nos. 14032-14036.

324 F.2d 830 (1963)

CENTRAL NATIONAL BANK OF MATTOON, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff-Appellee, v. KANSAS STATE BANK et al., Third-Party Defendants-Appellants. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff-Appellee, v. The CHARLESTON NATIONAL BANK, Third-Party Defendant-Appellant. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff-Appellee, v. William D. BURNSIDE, Third-Party Defendant-Appellant. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff-Appellee, v. Lulu W. JUNTGEN, Third-Party Defendant-Appellant. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Third-Party Plaintiff-Appellant, v. Eugene CROXEN, Third-Party Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 31, 1963.


Attorney(s) appearing for the Case

Walter W. Ross, Jr., Theodore J. Tsoumas, Richard J. Kissel, Chicago, Ill., Earl R. Anderson Paris, Ill., for defendants-appellants. Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill., Massey, Anderson & Gibson, Paris, Ill., of counsel.

John P. Hampton, Roger D. Doten, Chicago, Ill., Wayne S. Jones, Paris, Ill., Edward P. McNeela, Chicago, Ill., for third party plaintiff-appellee. Dent, Hampton & Doten, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.


KILEY, Circuit Judge.

Appellants in Nos. 14032-14035 have appealed from summary judgments entered against them in their actions against the Fidelity and Deposit Company of Maryland on its statutory Public Grain Warehouseman's Bond.1 Fidelity has taken a "precautionary appeal" in No. 14036 from an adverse judgment in Croxen's action.

Appellants loaned money to C. R. Acord, Fidelity's principal, a licensed public grain warehouseman...

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