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FIDELITY & DEPOSIT CO. OF MD. v. SOUTHERN UTILITIES

No. 83-8105.

726 F.2d 692 (1984)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Plaintiff-Appellee, v. SOUTHERN UTILITIES, INC., et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 5, 1984.

Attorney(s) appearing for the Case

Daniel M. Dibble, Kathryn H. Vratil, Kansas City, Mo., for defendants-appellants.

George C. Reid, Atlanta, Ga., Gene Mac Winburn, John J. Barrow, Athens, Ga., for plaintiff-appellee.

Before GODBOLD, Chief Judge, RONEY and KRAVITCH, Circuit Judges.

GODBOLD, Chief Judge:

In this case, in which a jury trial was demanded, the district court, 555 F.Supp. 206, granted a "directed verdict" without a trial and in circumstances where summary judgment was not appropriate. It must be reversed.

Southern Utilities, Inc. is an electrical contractor insured by Fidelity & Deposit Co. (F & D) under a "Comprehensive Dishonesty, Disappearance...

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