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WOODDALE, INC. v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 18383.

378 F.2d 627 (1967)

WOODDALE, INC., Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 2, 1967.

Attorney(s) appearing for the Case

Ronald D. Olson, of Carlsen, Greiner & Law, Minneapolis, Minn., for appellant.

Paul Ahlers, of Bannister, Carpenter, Ahlers & Cooney, Des Moines, Iowa, for appellee.

Before MATTHES, MEHAFFY and LAY, Circuit Judges.

LAY, Circuit Judge.

We are faced with an action upon a fidelity bond arising out of alleged misappropriations by the President of the appellant company.1 Appellee denied liability claiming, among other things, that the President was not an "employee" as defined under the policy but was specifically excluded thereunder as a "contractor." Trial was held to the court alone and at the close of all the evidence the court entered judgment for...

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