FIRST NAT. BANK OF CUSHING, OKL. v. SECURITY MUT. CAS. CO.

No. 94-69.

431 F.2d 1025 (1970)

The FIRST NATIONAL BANK OF CUSHING, CUSHING, OKLAHOMA, a national banking association, Appellee, v. SECURITY MUTUAL CASUALTY COMPANY, Appellant, v. Robert W. ADAMS, Robert W. Adams, Executor of the Will of Alma M. Blank, deceased, Frank G. Berry and George M. Berry, Executors of the Will of James E. Berry, deceased, Levi Swingle, Arthur Blaine Imel, E. L. Roberts, D. A. Griffin, and George M. Berry, Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 5, 1970.


Attorney(s) appearing for the Case

James C. Pinkerton, Tulsa, Okl. (Carl Pinkerton and R. H. Wills, Sr., Tulsa, Okl., with him on the brief), for appellant.

Gerald G. Stamper, of Thornton & Stamper, Tulsa, Okl., for appellee, The First National Bank of Cushing.

John M. Imel, Tulsa, Okl. (Martin, Logan, Moyers, Martin & Conway, Tulsa, Okl. and James W. Rodgers, Jr., Holdenville, Okl., of counsel, with him on the brief), for appellees, Robert W. Adams and another.

Before MURRAH, Senior Circuit Judge, SETH and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

This suit was commenced by the plaintiff, a national bank, against the defendant bonding company for recovery on a banker's blanket bond and on an excess fidelity policy issued by the defendant. This action was based upon a loss to the bank resulting from fraudulent and criminal acts by an officer of the bank. The case was tried without a jury, and a judgment was rendered against the bonding company in the amount of $560,814.47. The bonding company...

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