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WESTERN FIDELITY CORP. v. INSURANCE CO. OF NO. AM.

No. 264-70.

437 F.2d 752 (1971)

WESTERN FIDELITY CORPORATION et al., Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 2, 1971.

Attorney(s) appearing for the Case

Ted D. Foster, Jr., Oklahoma City, Okl. (Larry D. Patton and Paul F. Fernald, of Kerr, Davis, Irvine, Burbage & Foster, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

Edgar Fenton, Oklahoma City, Okl. (Robert J. Petrick, of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., on the brief), for defendant-appellee.

Before LEWIS, Chief Judge, McWILLIAMS, Circuit Judge, and BRATTON, District Judge.

McWILLIAMS, Circuit Judge.

Western Fidelity Corporation, the insured, made claim against the Insurance Company of North America, the insurer, on an employee's fidelity bond, referred to by the parties as a blanket honesty bond, alleging that it had sustained loss through "fraudulent and dishonest acts" on the part of four of its employees. Trial to the court culminated in a judgment in favor of the insurer, and the insured...

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