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YORK LUMBER CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND

Civ. A. No. 69-590.

331 F.Supp. 1131 (1971)

YORK LUMBER COMPANY, Inc. v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND.

United States District Court, E. D. Pennsylvania.

September 13, 1971.

Attorney(s) appearing for the Case

Henry A. Stein, Mesirov, Gelman, Jaffe & Levin, Philadelphia, Pa., for plaintiff.

Christopher Walters, Morgan, Lewis & Bockius, Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

HUYETT, District Judge.

Plaintiff, York Lumber Company, Inc. ("York"), commenced this action against defendant, Fidelity and Deposit Company of Maryland ("Fidelity"), upon a fidelity bond executed in March, 1964, under which Fidelity insured York up to a maximum of $25,000.00 against losses caused by the fraud or dishonesty of York's employees. Fidelity has moved for summary judgment averring, inter alia, that York's claim is...

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