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PHOENIX ASSURANCE CO. OF N. Y. v. FIRST BANK AND TRUST CO.

No. 15574.

361 F.2d 691 (1966)

PHOENIX ASSURANCE COMPANY OF NEW YORK, a Corporation v. FIRST BANK AND TRUST COMPANY, a Corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided May 27, 1966.

Attorney(s) appearing for the Case

Murray Greiman, Jersey City, N. J. (Lifland & Greiman, I. Charles Lifland, Jersey City, N. J., of counsel, on the brief), for appellant.

Louis Auerbacher, Jr., Newark, N. J., for appellee.

Before KALODNER, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The plaintiff, Phoenix Assurance Co., insured Amboy Manufacturing Co. against loss "the Insured shall sustain through any fraudulent or dishonest act or acts committed by any of" its employees. Beginning January 9, 1959 and intermittently until March 17, 1961, Grace Diller, employed by Amboy as a bookkeeper and payroll clerk in its New Jersey office, defrauded her employer in the following manner. First, she would add to a weekly payroll the...

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