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C. DOUGLAS WILSON & CO. v. INS. CO. OF NORTH AMERICA

No. 77-2246.

590 F.2d 1275 (1979)

C. DOUGLAS WILSON & COMPANY, a South Carolina Corporation, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA, Hartford Accident and Indemnity Company, Hartford Connecticut, and St. Paul Fire and Marine Insurance Company, St. Paul, Minnesota, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1979.

Attorney(s) appearing for the Case

Wesley M. Walker, Greenville, S.C. (James H. Watson, Joseph E. Major, Leatherwood, Walker, Todd & Mann, Greenville, S.C., on brief), for appellant.

Mason A. Goldsmith, Greenville, S.C. (W. H. Arnold, William M. Hagood, III, Love, Thornton, Arnold & Thomason, Greenville, S.C., on brief), for appellees Insurance Co. of North America.

Frank H. Gibbes, III, Greenville, S.C. (John J. McKay, Jr., Rainey, McKay, Britton, Gibbes & Clarkson, Greenville, S.C., on brief), for appellees Hartford Acc. and Indem. Co.

H. Donald Sellers, Greenville, S.C. (W. Francis Marion, Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S.C., on brief), for appellee St. Paul Fire and Marine Ins. Co.

Before BUTZNER and HALL, Circuit Judges, and HOFFMAN, District Judge.

K. K. HALL, Circuit Judge:

C. Douglas Wilson & Co. (Wilson), a mortgage broker, sustained losses in excess of $1,250,000 as a result of the mishandling of certain HUD/FHA loans by an employee, and filed a declaratory action in district court against its three defendant insurance carriers to fix their respective liabilities. On motion for nonsuit at the close of plaintiff's evidence, the district court dismissed St. Paul...

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