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MASCARO v. FIREMAN'S FUND INS. CO.

No. 78-1192.

611 F.2d 338 (1979)

Marc N. MASCARO, as Receiver for American Stock Transfer Company, a Utah Corporation, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, of the Fireman's Fund American Insurance Companies, a California Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 12, 1979.

Attorney(s) appearing for the Case

Hardin A. Whitney, Salt Lake City, Utah (Reid E. Lewis of Moyle & Draper, Salt Lake City, Utah, on the brief), for plaintiff-appellant.

Raymond M. Berry, Salt Lake City, Utah (Scott Daniels of Snow, Christensen & Martineau, Salt Lake City, Utah, on the brief), for defendant-appellee.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is the second time this case has been before us, and we recognize that quite possibly it is not the last time we will be asked to review this dispute between the Receiver for American Stock Transfer Company, a now defunct Utah corporation, and Fireman's Fund Insurance Company, a California corporation. The case concerns a blanket fidelity bond issued American Stock by Fireman's Fund. The trial court granted the Fund's motion for summary...

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