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U.S. F. & G. CO. v. ROYAL NAT. BANK OF NEW YORK

Nos. 43, 188, Dockets 76-7067, 76-7088.

545 F.2d 1330 (1976)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff-Appellant, v. ROYAL NATIONAL BANK OF NEW YORK and Merrill Lynch, Pierce, Fenner & Smith, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 14, 1976.

Attorney(s) appearing for the Case

Alfred S. Julien, New York City (Julien & Schlesinger, David Jaroslawicz, Stuart A. Schlesinger, Samuel Komoroff, New York City, of counsel), for plaintiff-appellant.

William Hart, New York City (Hart & Hume, Robert B. Leonard, New York City, of counsel), for defendant-appellee, Royal National Bank of New York.

Samuel Halpern, New York City (Konheim, Halpern & Bleiwas, New York City), for defendant-appellee, Merrill Lynch, Pierce, Fenner & Smith, Inc.

Before FRIENDLY, HAYS and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

The plaintiff, United States Fidelity and Guaranty Company (USF&G) appeals from an order and judgment of Hon. Henry F. Werker, United States District Court for the Southern District of New York, entered on January 15, 1976 dismissing its complaint and awarding judgment to the defendants. USF&G had brought an action for conversion against the defendants Royal National Bank of New York (Royal) and Merrill Lynch, Pierce, Fenner &...

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