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IMPERIAL INS., INC. v. EMPLOYERS' LIABILITY ASSUR. CORP.

No. 23031.

442 F.2d 1197 (1970)

IMPERIAL INSURANCE, INCORPORATED, American Homeowners Insurance Company v. The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1970.

Rehearing Denied August 7, 1970.

Attorney(s) appearing for the Case

Mr. Alexander M. Heron, Washington, D. C., with whom Messrs. Preston C. King, Jr., and Murray S. Simpson, Jr., Washington D. C., were on the brief, for appellant.

Mr. Joseph W. Kiernan, Washington, D. C., with whom Mr. J. Philip Smith, Washington, D. C., was on the brief, for appellees.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

FAHY, Senior Circuit Judge:

Imperial Insurance, Incorporated, and others,1 appellees, sued Employers' Liability Assurance Corporation, appellant, on a policy issued by Employers' to Imperial protecting the latter against:

Loss of Money, Securities and other property which the insured shall sustain, to an amount not exceeding in the aggregate [$100,000] * * * through any fraudulent or dishonest act or acts committed by any of the...

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