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HIDDEN SPLENDOR MINING CO. v. GENERAL INS. CO. OF AMERICA

No. 8223.

370 F.2d 515 (1966)

The HIDDEN SPLENDOR MINING COMPANY, Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals Tenth Circuit.

December 23, 1966.

Attorney(s) appearing for the Case

Charles Spann, of Grantham, Spann & Sanchez, Albuquerque, N. M., and John A. Guzzetta, of Simpson, Thacher & Bartlett, New York City, on brief, for appellant.

K. Gill Shaffer, of Shaffer, Butt & Bass, Albuquerque, N. M., for appellee.

Before MURRAH, Chief Judge, and ALDRICH and HILL, Circuit Judges.

MURRAH, Chief Judge.

In this diversity suit Hidden Splendor Mining Co. (successor of Rio de Oro Uranium Mines, Inc.) seeks to recover from its bonding company for fraudulent appropriations of corporate assets by a corporation employee. The trial court, sitting without a jury, held that the prerequisite notice provisions of the bond had not been complied with, and accordingly entered judgment for the bonding company. We think...

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