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BANK OF DADE v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 73-1349 Summary Calendar.

483 F.2d 735 (1973)

BANK OF DADE, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 24, 1973.

Attorney(s) appearing for the Case

Edward E. Dorsey, James H. Keaten, Richard H. Sinkfield, Atlanta, Ga., for defendant-appellant.

James E. Clark, Birmingham, Ala., amicus curiae for The Surety Assn. of America.

Dennis D. Watson, Lafayette, Ga., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

AINSWORTH, Circuit Judge:

The question for decision in this unusual Georgia diversity case is whether a robbery by extortion of plaintiff bank's funds constitutes a loss covered by the standard form Banker's Blanket Bond insurance policy issued to the bank by the defendant insurer.

The facts are undisputed, having been stipulated by the parties. During banking hours, an intruder entered the home of Edward Wilkie,...

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