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FEDERAL INS. CO. v. BANCO POPULAR DE PUERTO RICO

Nos. 82-1577, 82-1623.

750 F.2d 1095 (1983)

FEDERAL INSURANCE COMPANY, et al., Plaintiffs, Appellants, v. BANCO POPULAR DE PUERTO RICO, et al., Defendants, Appellees. FEDERAL INSURANCE COMPANY, et al., Plaintiffs, Appellees, v. BANCO POPULAR DE PUERTO RICO, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 27, 1983.

Attorney(s) appearing for the Case

Michael Maillet, New York City, with whom Jerome Murray, Hendler & Murray, P.C., New York City, Stanley R. Segal, and Ramirez, Segal & Latimer, San Juan, P.R., were on brief, for Federal Ins. Co. and Aetna Ins. Co.

Lawrence Odell, Hato Rey, P.R., with whom Patrick Duffy O'Neill, and Colorado, Martinez, Odell, Calabria & Sierra, Hato Rey, P.R., were on brief, for Banco Popular De Puerto Rico, et al.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

This diversity case was heard on cross-appeals from the district court's judgment of $25,454.26 in damages to plaintiffs, Federal Insurance Company and Aetna Insurance Company, for losses suffered by their assignor, International Charter Mortgage Corp. (ICMC), when Banco Credito and Banco Popular credited to an ICMC employee's credit card debt checks he embezzled from ICMC. The district court, holding that both ICMC and the banks acted...

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