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AMERICAN CAS. CO. OF READING, PA. v. F.D.I.C.

Nos. 92-8045, 92-8046.

999 F.2d 480 (1993)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of the American Bank of Casper, Casper, Wyoming, Defendant-Appellant. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation, Plaintiff-Appellee, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver of the American National Bank of Eastridge, Casper, Wyoming, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 16, 1993.

Attorney(s) appearing for the Case

Peter C. Houtsma of Holland & Hart, Denver, CO (Richard G. Schneebeck also of Holland & Hart, Cheyenne, WY, and Ann S. Duross, Asst. General Counsel, Richard J. Osterman, Jr., Sr. Counsel, Edward J. O'Meara and Morris Silverstein, Counsel, F.D.I.C., Washington, DC, with him on the brief), for defendant-appellant.

William M. Hart (Douglas J. Muirhead also of Meagher & Geer, Minneapolis, MN, and Lawrence G. Orr of Guy, Williams, White & Argeris, Cheyenne, WY, with him on the brief), for plaintiff-appellee.

Before LOGAN, McWILLIAMS, and MOORE, Circuit Judges.

LOGAN, Circuit Judge.

Defendant Federal Deposit Insurance Corporation (FDIC) appeals the entry of summary judgment in favor of plaintiff American Casualty Company of Reading, Pennsylvania (ACCO) on ACCO's suit seeking a declaratory judgment of non-liability under a directors' and officers' liability policy. The policy was issued to the American Bank of Casper (Casper) and the American National Bank of Eastridge (Eastridge), both now under the receivership of the FDIC...

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