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ST. PAUL FIRE & MARINE INS. CO. v. STATE, ETC.

No. 1-879A208.

412 N.E.2d 103 (1980)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Aubrey, Inc., Defendants-Appellants, v. STATE Bank of Salem, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied December 3, 1980.

Attorney(s) appearing for the Case

Charles W. Linder, Jr., Michael C. Peek, Linder & Taylor, Indianapolis, for St. Paul Fire and Marine Insurance Co.

Andrew H. Wright, Salem, M. Brooks Senn, D. Paul Alagia, Jr., Barnett & Alagia, Louisville, Ky., for Aubrey, Inc.

William L. Thompson, Salem, for State Bank of Salem.

NEAL, Judge.

STATEMENT OF THE CASE

This action was brought by the State Bank of Salem (Bank) against the drawer of a check, Aubrey, Inc. (Aubrey), and the Bank's insurer, St. Paul Fire and Marine Insurance Company (St. Paul), under a bankers blanket bond. Following a trial to the court without intervention of a jury, judgment was entered in favor of the Bank and against Aubrey and St. Paul. Judgment was also entered in favor of St. Paul on its cross claim...

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