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BRAD'S MACHINE PROD., INC. v. PHOENIX ASSUR. CO. OF N. Y.

No. 73-1582.

489 F.2d 622 (1974)

BRAD'S MACHINE PRODUCTS, INC., Plaintiff-Appellee, v. PHOENIX ASSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 19, 1974.

Attorney(s) appearing for the Case

Charles A. Stewart, Jr., Thomas B. Huie, Birmingham, Ala., for defendant-appellant.

Macbeth Wagnon, Jr., Lee C. Bradley, Jr., Birmingham, Ala., for plaintiff-appellee.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiff-appellee, Brad's Machine Products, Inc., brought this suit against the defendant-appellant, Phoenix Assurance Co., to recover on a fidelity bond for losses occasioned by the defalcations of one of Brad's employees. The jury returned a verdict for the plaintiff in the amount of $138,000. On appeal, Phoenix argues that the evidence was insufficient to support a finding that Brad's notified Phoenix within a reasonable time after the...

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