FIRST NAT. LIFE INS. CO. v. FID. & DEP. CO. OF MD.

No. 74-2608.

525 F.2d 966 (1976)

FIRST NATIONAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant-Third Party Plaintiff-Appellee, James E. SHIPLEY et al., Third-Party Defendants, George H. Jett et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 12, 1976.


Attorney(s) appearing for the Case

Albert W. Copeland, Montgomery, Ala., for plaintiff-appellant.

William B. Moore, Jr., Montgomery, Ala., for third-party defendants.

James E. Clark, Birmingham, Ala., for Fid. & Dep. Co. of Md.

Otto E. Simon, Mobile, Ala., Edmon L. Rinehart, Montgomery, Ala., for Van Antwerp & Jett.

Before GODBOLD, SIMPSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

First National Life Insurance Company (FNL) sued on an employee fidelity bond issued by Fidelity & Deposit Company of Maryland (F & D) for losses incurred when purchasers of controlling stock in FNL's parent company raided the assets of FNL. The case was tried to a jury, which answered special interrogatories in a manner generally favorable to FNL. The district court entered a judgment for F & D notwithstanding the verdict, based...

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