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IN RE ENDECO, INC.

No. 82-2382.

718 F.2d 879 (1983)

In re ENDECO, INC.; Cavalier Estates, Inc.; Environmental Development Corp.; Lincorp, Inc., Bankrupts. UNITED STATES of America For the Use and Benefit of James McMERTY, as Trustee under Chapter X Proceedings of the Bankruptcy Act for Endeco, Inc. and its subsidiaries, Cavalier Estates, Inc.; Environmental Development Corp., Inc.; and Lincorp, Inc., Appellees, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 17, 1983.

Rehearing Denied November 9, 1983.

Attorney(s) appearing for the Case

Dan Plambeck of Stefanson, Landberg & Alm, Moorhead, Minn., for appellant.

Terry L. Wiles of Lamb, Schaefer, McNair & Larson, Ltd., Fargo, N.D., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This appeal involves a dispute over the extent of coverage that a trustee's bond provides to an estate in reorganization under Chapter X of the former Bankruptcy Act, 11 U.S.C.S. §§ 501-676 (repealed 1978). The main question presented for review is whether, under the circumstances presented here, the trustee's bond is one continuous contract over the period of the trusteeship, so that the bonding company's total liability...

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