UTICA MUT. INS. v. FIREMAN'S FUND INS. COMPANIES

Nos. 207, 345, Dockets 84-7506, 84-7538.

748 F.2d 118 (1984)

UTICA MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, Cross Appellee, v. FIREMAN'S FUND INSURANCE COMPANIES, Defendant-Appellee, Third Party Plaintiff, Cross Appellant, Phillip Turner, Hoffman Kavanaugh Securities Corporation and Lon Roy Kavanaugh, Jr., Third Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 16, 1984.


Attorney(s) appearing for the Case

Roger J. Hawke, New York City (Paul Windels, III, Brown, Wood, Ivey, Mitchell & Petty, New York City, of counsel), for plaintiff-appellant, cross appellee.

Jerome Murray, New York City (Robert Wang, Robert G. Post, Hendler & Murray, P.C., New York City, of counsel), for defendant-appellee and third-party plaintiff, cross appellant.

Scott D. Heller, New York City (Kramer, Levin, Nessen, Kamin & Frankel, New York City, of counsel), Catherine A. Ludden, New York City (Martin P. Unger, Gaston, Snow, Beekman & Bogue, New York City, of counsel), for third-party defendants-appellees.

Before KAUFMAN and WINTER, Circuit Judges, and TENNEY, Senior District Judge.


TENNEY, Senior District Judge:

In this diversity suit, Utica Mutual Insurance Company ("Utica") appeals from a judgment of the United States District Court for the Southern District of New York, Morris E. Lasker, District Judge, dismissing Utica's complaint against Fireman's Fund Insurance Companies ("Fireman's Fund") to recover payment under a fidelity bond issued by Fireman's Fund. Following trial, the court, sitting without a jury, held that Utica was barred...

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