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FEDERAL SAV. AND LOAN INS. v. AETNA CAS. AND SUR.

No. CV 87-147-M-CCL.

785 F.Supp. 867 (1990)

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for the Montana Federal Savings Bank, Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY, Defendant and Third-Party Plaintiff, v. Marge M. KIS, Boyd G. Hall, Robert Happ, Conn Tatum, Frank Palicz, E.S.P. Company, a partnership, R.M. Brown, and Walter Deets, Third-Party Defendants.

United States District Court, D. Montana, Missoula Division.

October 30, 1990.

Attorney(s) appearing for the Case

C. Eugene Phillips, Murphy Law Firm, Kalispell, Mont., Fred Mittelman, Trial Atty., Washington, D.C., Wayne G. Popham, Popham, Haik, Schnobrich & Kaufman, Minneapolis, Minn., for plaintiff.

Richard Ranney, Williams Law Firm, Douglas G. Skjelset, Edward Murphy, Datsopoulos, MacDonald & Lind, Missoula, Mont., for defendants.

OPINION AND ORDER

LOVELL, District Judge.

Before the court are Defendant's motion for summary judgment as to Count I and Plaintiff's motions for partial summary judgment and motion in limine. Plaintiff Federal Savings and Loan Insurance Corporation (FSLIC) filed this complaint, acting as receiver for Montana Federal Savings Bank (Montana Savings), to recover under a fidelity bond issued by Defendant Aetna to Montana Savings. This fidelity bond insured Montana...

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