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FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. KOEHLER

No. 28216.

424 F.2d 1296 (1970)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellee, v. William R. KOEHLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 1970.

Attorney(s) appearing for the Case

Norton Baker, Broadus A. Spivey, Lubbock, Tex., for defendant-appellant.

Tom S. Milam, J. Orville Smith, Lubbock, Tex., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM.

William R. Koehler appeals from a judgment in favor of the Fidelity & Deposit Company of Maryland on the sole ground that there had been a prior election of remedies which barred the judgment in this case. Finding this appeal totally devoid of any merit, we affirm.

The relevant facts in this case are not disputed. Koehler embezzled 605,607 dollars from the Citizens State Bank of Dalhart, Texas, at a time when the bank was insured against such...

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