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FIRST AMERICAN NAT. BANK v. FIDELITY & DEPOSIT CO.

No. 92-6163.

5 F.3d 982 (1993)

FIRST AMERICAN NATIONAL BANK, Plaintiff-Appellant, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 28, 1993.

Attorney(s) appearing for the Case

Robert M. Johnson, John J. Mulrooney (argued and briefed), Nimmo Bhagat, Wolff Ardis, Memphis, TN, for First American Nat. Bank.

Sam H. Poteet, Jr. (argued and briefed), Randall C. Ferguson, Daniel C. Deckbar (briefed), Manier, Herod, Hollabaugh & Smith, Nashville, TN, for Fidelity and Deposit Co. of Maryland.

Before: MARTIN, BOGGS, and BATCHELDER, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

In this diversity case from Tennessee, First American National Bank appeals the declaratory judgment granted Fidelity & Deposit Company of Maryland which denied recovery under two employee fidelity insurance policies. First American challenges the district court conclusion that the coverage terminated when Midland Bank and Trust, the predecessor bank of First American, assumed management control of the insured party, Citizens...

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