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FIDELITY & DEPOSIT CO. OF MD. v. USAFORM HAIL POOL, INC.

No. 31046.

463 F.2d 4 (1972)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellant-Cross Appellee, v. USAFORM HAIL POOL, INC., et al., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Fifth Circuit.

July 3, 1972.

Attorney(s) appearing for the Case

George Stelljes, Jr., Jacksonville, Fla., Elmer W. Beasley, Hartford, Conn., for plaintiff-appellant.

James E. Clark, London, Yancey, Clark & Allen, Birmingham, Ala., for amicus curiae.

Warren Cole, Jr., Thomas T. Cobb, Cobb, Cole, Sigerson, McCoy, Bell & Bond, Daytona Beach, Fla., for defendants-appellees.

Before TUTTLE, INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

This case started out as a suit for declaratory decree brought by a bonding company, Fidelity and Deposit Company of Maryland, to determine its liability on a fidelity bond. After a prior appeal which affirmed a summary judgment against various intervenors who were not named in the bond,1 the action proceeded on the counterclaims filed on behalf of three insured corporations, two of which were in receivership. The...

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