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FIRST NAT. BANK OF FLEMING v. MARYLAND CAS. CO.

No. 77-567.

581 P.2d 744 (1978)

FIRST NATIONAL BANK OF FLEMING, Plaintiff-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee, and The United States of America, the Small Business Administration and Thomas E. Kleppe as Administrator of the Small Business Administration, Earl Kramer, Anthony Simeone, Simeone Brothers Potato Co., Inc., Waureka E. Simeone, William Simeone, and Nina Simeone, Defendants.

Colorado Court of Appeals, Div. 3.

June 29, 1978.

Attorney(s) appearing for the Case

George L. Vamos, Denver, Carvell & Mullens, David T. Cumming, Colorado Springs, for plaintiff-appellant.

Weller, Friedrich, Hickisch & Hazlitt, H. Gayle Weller, Martin J. Andrew, Denver, for defendant-appellee.

SMITH, Judge.

Plaintiff, First National Bank of Fleming, appeals from a summary judgment entered against it in an action which it brought for indemnification under a banker's Blanket Bond. We affirm.

In 1969, the defendant, Maryland Casualty Company issued the bond in question to the plaintiff insuring the latter for loss up to $250,000. The bond contained the following pertinent provisions:

"The Underwriter [Maryland] . . . agrees with the Insured...

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