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SUTRO BROS. & CO. v. INDEMNITY INSURANCE CO. OF NO. AMER.

No. 43, Docket 31218.

386 F.2d 798 (1967)

SUTRO BROS. & CO., Plaintiff-Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 11, 1967.

Attorney(s) appearing for the Case

Marvin Schwartz, New York City, (Sullivan & Cromwell, John F. Cannon, New York City, on the brief), for appellant.

Alfred J. Morgan, Jr., New York City, (Bigham, Englar, Jones & Houston, Robert B. Budelman, Jr., New York City, on the brief), for appellee.

Before MOORE, SMITH and KAUFMAN, Circuit Judges.

MOORE, Circuit Judge:

Sutro Bros. & Co. (Sutro), plaintiff, appeals from a judgment dismissing its complaint against Indemnity Insurance Company of North America (INA), defendant.1 The controversy arose over the construction of a provision in an indemnity bond issued by INA in favor of Sutro. The issue is whether the facts are such as to create liability under the bond.

The Bond

INA issued to Sutro, a brokerage...

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