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UNITED STATES FIDELITY & GUAR. CO. v. EMPIRE STATE BANK

Nos. 20579, 20576.

448 F.2d 360 (1971)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. EMPIRE STATE BANK, Appellee. EMPIRE STATE BANK, Cross-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

September 2, 1971.

Attorney(s) appearing for the Case

Samuel J. Molby, James F. Duncan, Kansas City, Mo., for appellant; Watson, Ess, Marshall & Enggas, Kansas City, Mo., of counsel.

Bernard L. Balkin, Judith J. Paxton, Kansas City, Mo., for appellee; Achtenberg, Sandler & Balkin, Kansas City, Mo., of counsel.

Before ALDRICH, LAY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

In this case, Empire State Bank of Kansas City, Missouri (Empire) sought indemnity from its insurer, United States Fidelity & Guaranty Company (U.S.F. & G.), under a Bankers' Blanket Bond which protected against any loss resulting from the dishonesty of any employee, "sustained * * * at any time," and discovered during the policy period. Empire recovered in the district court on two of three claims, and U.S. F. & G. appeals...

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