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FEDERAL SAV. & LOAN INS. v. AETNA CAS. & SUR. CO.

Civ. A. No. 3-88-132.

701 F.Supp. 1357 (1988)

The FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Knox Federal Savings & Loan Association, Plaintiff, v. The AETNA CASUALTY & SURETY CO., a Connecticut Corporation, Defendant, v. J. Garrett BURDETTE, et al., Third-Party Defendants.

United States District Court, E.D. Tennessee, N.D.

December 12, 1988.

Attorney(s) appearing for the Case

Ronald C. Koksal, Butler Vines Babb & Threadgill, J. Michael Winchester, Lacy & Winchester, P.C., David L. Buuck, Michael M. Downing, Claiborne Davis Buuck & Hurley, Charles A. Wagner, III, Wagner Myers & Sanger, P.C., R. Franklin Norton, Norton & Luhn, P.C., Steven Oberman, Daniel & Oberman, Knoxville, Tenn., Arnold Tackett, Chattanooga, Tenn., Charles W.B. Fels, Ritchie Fels & Dillard, P.C., Knoxville, Tenn., for J. Garrett Burdette, et al.

Elizabeth S. Tonkin, Walt Dyer & James, Knoxville, Tenn., for Federal Sav. & Loan Ins. Corp.

William B. Luther, Luther Anderson Clearly Ruth & Speed, Chattanooga, Tenn., for Aetna Cas. & Sur. Co.

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This matter comes before the court on Aetna's motion for summary judgment pursuant to Fed.R.Civ.P. 56.1 The parties having fully briefed the issues, and the court having heard argument on the motion in Knoxville, Tennessee, on July 18, 1988, this motion is now ready for resolution.

Facts

On May 1, 1982, a savings and loan blanket bond which Aetna issued...

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