GENERAL FINANCE CORP. v. FIDELITY & CAS. CO. OF NEW YORK

No. 20331.

439 F.2d 981 (1971)

GENERAL FINANCE CORPORATION, Bankrupt, By Ronald W. Wright, Trustee, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied April 14, 1971.


Attorney(s) appearing for the Case

Gale B. Braithwaite, Braithwaite, Cadwell & Braithwaite, Sioux Falls, S. D., Delvin N. J. Welter, Yankton, S. D., for appellant.

Robert C. Heege, Davenport, Evans, Hurwitz & Smith, Soux Falls, S. D., for appellee.

Before MATTHES, Chief Judge, CLARK, Associate Justice, and BRIGHT, Circuit Judge.


CLARK, Associate Justice:

Appellant, Ronald W. Wright, trustee of General Finance Corporation [GFC] a bankrupt, brought this suit in a state court in South Dakota, which was removed to the United States District Court of South Dakota on grounds of diversity of citizenship, to recover on a fidelity bond issued to GFC by The Fidelity and Casualty Company of New York, appellee. Under the terms of the bond, appellee undertook to insure GFC against any loss of money or...

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