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GUERRINO v. OHIO CASUALTY INSURANCE COMPANY

No. 17889.

423 F.2d 419 (1970)

Angelo GUERRINO, Philip Deodati, Dr. A. P. Engemi, Albert J. Guerra, E. B. Fleming Company, Appellants, v. OHIO CASUALTY INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided March 24, 1970.

Attorney(s) appearing for the Case

Clarence L. Walker, Philadelphia, Pa., (William R. Pomerantz, Philadelphia, Pa., on the brief), for appellants.

Joseph Head, Swartz, Campbell & Detweiler, Philadelphia, Pa., for appellee.

Before BIGGS, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The court below granted a motion made by the defendant Ohio Casualty Insurance Company for summary judgment. The complaint alleges that one Fleming, the president and active manager of the corporate plaintiff E. B. Fleming Company, unlawfully and fraudulently disposed of assets of Fleming Company and that Ohio Casualty Insurance Company bonded Fleming Company against losses "through any dishonest [,] fraudulent...

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