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CONTINENTAL INS. CO. v. MORGAN, OLMSTEAD, KENNEDY

Docket Nos. 50536, 50735.

83 Cal.App.3d 593 (1978)

148 Cal. Rptr. 57

CONTINENTAL INSURANCE COMPANY, Plaintiff, Cross-defendant and Appellant, v. MORGAN, OLMSTEAD, KENNEDY & GARDNER, INC., Defendant, Cross-complainant and Respondent; INSURANCE COMPANY OF NORTH AMERICA et al., Cross-defendants and Appellants.

Court of Appeals of California, Second District, Division One.

August 7, 1978.

Attorney(s) appearing for the Case

COUNSEL

Donald D. Black for Plaintiff, Cross-defendant and Appellant.

Anderson, McPharlin & Connors, David T. DiBiase, Jones & Wilson and Robert E. Jones for Cross-defendants and Appellants.

Booth, Mitchel, Strange & Smith, George C. Mitchel, Michael T. Lowe and Joseph M. Rimac for Defendant, Cross-complainant and Respondent.

OPINION

THOMPSON, J.

Continental Insurance Company (Continental), as subrogee of Manufacturers Hanover Trust Company (Manufacturers), sued Morgan, Olmstead, Kennedy & Gardner, Inc. (Morgan), a broker which had acted as principal or agent in purchasing United States treasury bills which had been stolen from Manufacturers. The complaint asserts several theories of liability. It claims...

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