DELMAR BANK OF UNIVERSITY CITY v. FIDELITY & DEP. CO. OF MD.

No. 19845.

428 F.2d 32 (1970)

DELMAR BANK OF UNIVERSITY CITY, a Missouri Corporation, Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied August 3, 1970.


Attorney(s) appearing for the Case

Thomas C. Walsh, St. Louis, Mo., for appellant, and filed brief and reply brief; Joseph H. Grand, St. Louis, Mo., on the briefs.

Herbert E. Barnard, of Barnard, Timm & McDaniel, St. Louis, Mo., for appellee, and filed brief; James E. McDaniel, St. Louis, Mo., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and GIBSON, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

This is a timely appeal by plaintiff Delmar Bank from final judgment dismissing its complaint against defendant Fidelity & Deposit Company of Maryland (Fidelity). Plaintiff predicated liability on an alleged loss brought about by reason of forgery of endorsements of certain checks paid by plaintiff which plaintiff asserted were covered by the forgery provisions of a Banker's Blanket Bond issued by defendant to plaintiff. Jurisdiction...

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