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MARYLAND CASUALTY CO. v. STATE BANK & TRUST CO.

No. 28464.

425 F.2d 979 (1970)

MARYLAND CASUALTY COMPANY, Plaintiff-Appellant, v. STATE BANK & TRUST COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 5, 1970.

Attorney(s) appearing for the Case

Will G. Barber, Austin, Tex., for plaintiff-appellant.

James P. Hart, Austin, Tex., Tom G. Oliver, Jr., Ernest Morgan, San Marcos, Tex., for defendant-appellee.

Before THORNBERRY, DYER and CLARK, Circuit Judges.

DYER, Circuit Judge:

In this appeal we are called upon to decide, on undisputed evidence, whether a loss suffered by State Bank was covered by its standard form banker's blanket bond issued by Maryland. The District Court found that the bond insured against the loss and entered judgment for State Bank. We disagree and reverse.

The facts are uncomplicated. Behring and Behring, a partnership composed of Arthur H. Behring...

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