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DI VITO v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

No. 15516.

361 F.2d 936 (1966)

Vincent DI VITO, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 12, 1966.

Attorney(s) appearing for the Case

John P. Hampton, Roger D. Doten, Louis Linton Dent, Chicago, Ill., for appellant.

George Brode, Chicago, Ill., for appellee.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Fidelity and Deposit Company of Maryland, the defendant-appellant, prosecutes this appeal from an order of the District Court denying its motion to vacate and set aside an agreed order of dismissal entered pursuant to stipulation of the parties in the action of Vincent Di Vito, the plaintiff-appellee, against the defendant as the surety on a contractor's performance bond. Defendant's motion is grounded on Rule 60(b) (3) of the Federal Rules...

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