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SCRANTON VOLUNTEER FIRE CO. v. UNITED STATES F. & G. CO.

No. 77, Docket 71-1431.

450 F.2d 775 (1971)

SCRANTON VOLUNTEER FIRE CO., Inc., Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant and Third-Party Plaintiff-Appellee, v. Allen E. JEWITT, Third-Party Defendant.

United States Court of Appeals, Second Circuit.

Decided October 26, 1971.

Attorney(s) appearing for the Case

Kenneth W. Knapp, Hamburg, N. Y., for plaintiff-appellant.

Frederick D. Turner, Buffalo, N. Y. (Brown, Kelly, Turner, Hassett & Leach, Buffalo, N. Y., on the brief), for defendant and third-party plaintiff-appellee.

Before MOORE, HAYS and FEINBERG, Circuit Judges.

FEINBERG, Circuit Judge:

In late 1965, plaintiff Scranton Volunteer Fire Co., Inc. secured from United States Fidelity and Guaranty Company (USF&G) a fidelity bond, effective January 1966, to cover plaintiff's treasurer, third-party defendant Allen E. Jewitt. Under this bond USF&G agreed to indemnify Scranton for any losses amounting to $4,000 that were sustained as a result of the fraudulent or dishonest acts of its treasurer. For this protection Scranton...

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