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CONTINENTAL SAV. ASS'N v. UNITED STATES FIDELITY AND GUARANTY CO.

No. 84-1382.

762 F.2d 1239 (1985)

CONTINENTAL SAVINGS ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing August 12, 1985.

Attorney(s) appearing for the Case

Lackshin & Nathan, Bernard Wm. Fischman, Lionel M. Schooler, Houston, Tex., for plaintiff-appellant.

Winstead, McGuire, Sechrest & Minick, Jeff Joyce, W. Mike Baggett, Dallas, Tex., for defendant-appellee.

Before GOLDBERG, RUBIN, and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

Continental Savings Association (Continental) sought indemnity for attorney's fees and court costs pursuant to the terms of a fidelity bond issued to Continental by the United States Fidelity and Guaranty Company (USF&G). The fees and costs were expended by Continental in defending an action for fraud brought by Fidelity Mortgage Investors (FMI). The district court denied relief, finding that Continental did not comply with the...

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