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KERR v. AETNA CASUALTY & SURETY CO.

Nos. 9942, 9972-9975.

350 F.2d 146 (1965)

R. Emmett KERR, as Trustee in Bankruptcy for National Discount Corporation, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee. Charles W. GAMBRELL, Receiver for National Fidelity Insurance Company, Intervenor, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee. Charles W. GAMBRELL, Receiver for Cudd and Coan, Underwriters, Inc., Intervenor, Appellee in No. 9973, Appellant in No. 9974, v. The AETNA CASUALTY AND SURETY COMPANY, Appellant in No. 9973, Appellee in No. 9974. Charles W. GAMBRELL, Receiver for Title Insurance and Guaranty Company, Intervenor, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 5, 1965.

Attorney(s) appearing for the Case

Neville Holcombe, Spartanburg, S. C. (T. Sam Means, Jr., and Robert F. Chapman, Spartanburg, S. C., on brief), for R. Emmett Kerr in No. 9942.

Elmer W. Beasley, Hartford, Conn. (W. H. Arnold and Thomas A. Wofford, Greenville, S. C., on brief), for Aetna Casualty & Surety Co. in Nos. 9942, 9973 and 9974.

T. E. Walsh, Spartanburg, S. C. (Glen E. Craig, Columbia, S. C., on brief), for Charles W. Gambrell in No. 9972.

Frank A. Lyles, Spartanburg, S. C. (Glen E. Craig, Columbia, S. C., on brief), for Charles W. Gambrell in Nos. 9973 and 9974.

Robert L. Stoddard, Spartanburg, S. C. (Charles C. Moore, Spartanburg, S. C., and Glen E. Craig, Columbia, S. C., on brief), for Charles W. Gambrell in No. 9975.

Elmer W. Beasley, Hartford, Conn., and W. H. Arnold, Greenville, S. C. (Thomas A. Wofford, Greenville, S. C., on brief), for Aetna Casualty & Surety Co. in Nos. 9972 and 9975.

Before SOBELOFF and BOREMAN, Circuit Judges, and THOMSEN, District Judge.

THOMSEN, District Judge.

These appeals arise out of an action begun by the Trustee in Bankruptcy of National Discount Corporation (National Discount) against Aetna Casualty and Surety Company (Aetna) to recover under a fidelity bond issued by Aetna to National Discount and seven other corporations as the named Insured. The Insurance Commissioner, as receiver for three other corporations also named as Insured in the bond — National Fidelity Insurance Company...

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