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CAPITOL BANK OF CHICAGO v. FIDELITY AND CASUALTY CO. OF N.Y.

No. 17289.

414 F.2d 986 (1969)

CAPITOL BANK OF CHICAGO, Plaintiff-Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

July 28, 1969.

Attorney(s) appearing for the Case

Frank J. McGarr, Chicago, Ill., for plaintiff-appellant; Walter H. Moses, Jr., Chicago, Ill., of counsel.

Edward D. Lapperre, James J. Doheny, Chicago, Ill., for defendant-appellee.

Before KNOCH, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff sued to recover from defendant under a blanket indemnity bond. Jurisdiction is conferred on this court under 28 U.S.C. § 1332. The district court denied plaintiff's motion for summary judgment and granted defendant's motion for summary judgment. There is no dispute as to the facts.

On July 1, 1966, plaintiff and defendant entered into a Bankers Blanket Bond insurance contract. Plaintiff on May 4, 1966, made a loan to Charles...

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