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THIRD FED. S. & L. ASS'N v. FIREMAN'S FUND INS.

Nos. 75-2004, 75-2005.

548 F.2d 166 (1977)

THIRD FEDERAL SAVINGS & LOAN ASSOCIATION OF CLEVELAND, Plaintiff-Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellant and Cross-Appellee, and J & V Mogilnicki, Inc., Third-Party Defendant, and James F. Rogers, Third-Party Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1977.

Attorney(s) appearing for the Case

Jay A. Hollingsworth, Hollingsworth & Hollingsworth, Cleveland, Ohio, for appellant.

Stanley J. Zablotny, Cleveland, Ohio, William T. Boukalik, Climaco, Goldberg & Boukalik, Cleveland, Ohio, for Third Federal Sav. & L. Ass'n of Cleveland, James T. Rogers, Cleveland, Ohio, for James F. Rogers.

Before CELEBREZZE, PECK and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

In this diversity action the district court, sitting without a jury, awarded damages to the plaintiff, Third Federal Savings & Loan Association (the Association) on its claim on a bond written by Fireman's Fund Insurance Company (Fireman's Fund). The district court found that the Association sustained losses within the coverage of the bond, primarily Clause (A) of the insuring agreement which provided:

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