JOHN R. GIBSON, Senior Circuit Judge.
Empire Bank, having paid two-hundred thousand dollars to settle a customer's claim against it, seeks to recoup its losses from its financial institution bond carrier, Fidelity & Deposit Company of Maryland. The claim arose from Empire's cashing checks payable to Empire's customer, Campbell 66 Express, Inc., and checks drawn by Campbell 66 and payable to third persons. The district court
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