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CHESTNUT RUN F. C. U. v. EMPLOYERS M. L. I. OF WIS.

Civ. A. No. 74-225.

392 F.Supp. 76 (1975)

CHESTNUT RUN FEDERAL CREDIT UNION, a Federal Credit Union, a corporation chartered under the Laws of the United States, Plaintiff, v. EMPLOYERS MUTUAL LIABILITY INSURANCE OF WISCONSIN, a Corporation of the State of Wisconsin, Defendant and Third-Party Plaintiff, v. Harry B. KAUFFMAN, Jr., Third-Party Defendant.

United States District Court, D. Delaware.

April 9, 1975.

Attorney(s) appearing for the Case

Clifford B. Hearn, Jr., Wilmington, Del., for plaintiff.

F. Alton Tybout, Tybout, Redfearn & Schnee, Wilmington, Del., for defendant and third-party plaintiff.

Aubrey B. Lank, Theisen, Lank & Mulford, Wilmington, Del., for third-party defendant.

OPINION

EDWIN D. STEEL, JR., Senior District Judge:

The case is before the Court on the motion of the third party defendant to dismiss the third party complaint.

Plaintiff alleges that its former treasurer, Kauffman, failed in the performance of his duties, negligently, criminally and otherwise, and as a result plaintiff sustained a property loss for which defendant is liable under the terms of an indemnity bond which defendant issued to plaintiff...

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