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WELLS FARGO BUSINESS CREDIT v. AMERICAN BANK OF COMM.

No. 84-1577.

780 F.2d 871 (1985)

WELLS FARGO BUSINESS CREDIT, Plaintiff, v. AMERICAN BANK OF COMMERCE, Defendant and Third-Party Plaintiff/Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Third-Party Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

December 30, 1985.

Attorney(s) appearing for the Case

Harris L. Hartz, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, N.M., for defendant and third-party plaintiff/appellee.

Robert H. Clark, Keleher & McLeod, P.A., Albuquerque, N.M. (Peter H. Johnstone and Richard L. Alvidrez, Keleher & McLeod, P.A., Albuquerque, N.M., with him on the brief), for third-party defendant/appellant.

Before HOLLOWAY, Chief Judge, and BREITENSTEIN and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of New Mexico. The court below concluded that Employers Insurance of Wausau was liable to the American Bank of Commerce on a "Bankers' Special Bond" in the amount of $233,000. The insurance company appeals. We affirm in part but find that the case must be remanded for further proceedings.

This case arose out of a series of transactions among...

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