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McCULLOUGH v. FIDELITY & DEPOSIT CO.

No. 92-2754.

2 F.3d 110 (1993)

James T. McCULLOUGH, et al., Plaintiffs, Federal Deposit Insurance Corporation, Plaintiff-Appellant, v. FIDELITY & DEPOSIT COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1993.

Attorney(s) appearing for the Case

Lawrence H. Richmond, Ann S. DuRoss, Washington, DC, Palmer C. Hamilton, Matthew C. McDonald, Miller, Hamilton, Snider & Odom, Mobile, AL, for plaintiff-appellant.

P. Michael Jung, Michael Keeley, Strasburger & Price, Dallas, TX, for defendant-appellee.

Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The Federal Deposit Insurance Corporation (FDIC) filed a declaratory judgment action against Fidelity and Deposit Company of Maryland (F & D) to determine whether F & D provided coverage under a directors' and officers' liability policy. The district court found no coverage under F & D's policy and granted summary judgment to F & D. Because the insured failed to give F & D...

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