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CITY SAVINGS & LOAN ASS'N v. GENERAL INS. CO. OF AMER.

Nos. 46379 RFP, 51126 RFP and 45642 RFP.

386 F.Supp. 1210 (1974)

CITY SAVINGS AND LOAN ASSOCIATION, a California Corporation, Plaintiff, v. GENERAL INSURANCE COMPANY OF AMERICA et al., Defendants. FIDELITY SAVINGS AND LOAN ASSOCIATION, a corporation, Plaintiff, v. AETNA LIFE AND CASUALTY COMPANY et al., Defendants. SECURITY SAVINGS AND LOAN ASSOCIATION, a California Corporation, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation, Defendants.

United States District Court, N. D. California.

November 22, 1974.

Attorney(s) appearing for the Case

W. M. Pinney, Jr., Nicholas Deriman, Husted, Pinney, Ogg & Caccia, A Professional Corporation, San Francisco, Cal., for plaintiff City Savings and Loan Association (now Gibraltar).

John H. Kouba, Victor P. Bonfilio, Jr., Angell, Adams & Holmes, San Francisco, Cal., for plaintiff Fidelity Savings & Loan Assoc.

John H. Finger, Hoberg, Finger, Brown & Abramson, San Francisco, Cal., for plaintiff Security Savings & Loan Assoc.

W. E. Sedgwick, Scott Conley, Douglas M. Moore, Jr., Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for defendants Aetna Life and Casualty Co., Fireman's Fund Insurance Company, Fidelity and Deposit Company of Maryland.

Law Offices of James J. Duryea, Stephen B. R. Keller, San Francisco, Cal., for defendant, General Insurance Company of America.

OPINION

PECKHAM, District Judge.

This is an action by three savings and loan companies against their respective bonding companies for losses which plaintiffs allegedly sustained by reason of the non-payment of certain certificates of deposit and commercial accounts by the now defunct San Francisco National Bank. The threshold issue is whether the bonds issued to plaintiffs by defendants cover losses of this nature. Defendants seek to introduce evidence of...

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