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AMERICAN EMPIRE INS. CO. OF S. D. v. FIDELITY & DEP. CO. OF MD.

No. 24385.

408 F.2d 72 (1969)

AMERICAN EMPIRE INSURANCE COMPANY OF SOUTH DAKOTA et al., Appellants, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 3, 1969.

Attorney(s) appearing for the Case

W. Warren Cole, Jr., Black, Cobb, Cole, Crotty & Sigerson, Daytona Beach, Fla., for appellants.

Harry T. Gray, Francis P. Conroy, George Stelljes, Jr., Delbridge L. Gibbs, Jacksonville, Fla., Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., of counsel, for appellee.

Before JONES, WISDOM and DYER, Circuit Judges.

DYER, Circuit Judge:

Fidelity and Deposit (F & D) sought a declaratory judgment to have its liability determined on a fidelity bond issued by it to certain named insureds as defendants. To avoid a multiplicity of suits in various courts, it was stipulated that certain parties claiming to have interests protected by the bond be permitted to intervene.1 The District Court rendered summary judgment against the intervenors on their claims...

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