FIDELITY & DEPOSIT CO., OF MARYLAND v. F.D.I.C.

No. 94-3571.

54 F.3d 507 (1995)

FIDELITY & DEPOSIT COMPANY, OF MARYLAND, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for The Merchants Bank, Defendant-Appellee, James E. Rodgers; Frances D. Rodgers; Louis Conter; Westfield Development Company, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1995.


Attorney(s) appearing for the Case

Quentin L. Brown, Kansas City, MO, argued, for appellant. In addition the name of Robert A. Babcock, Kansas City, appears on the brief of the appellant.

Daniel Harold Kurtenbach, Washington, DC, argued, for appellee. In addition the names of Ann S. Duross and Richard J. Osterman, Jr., Washington, DC, appear on the brief of the appellee.

Before RICHARD S. ARNOLD, Chief Judge, MURPHY, Circuit Judge, and DAVIS, District Judge.


DIANA E. MURPHY, Circuit Judge.

Fidelity & Deposit Company of Maryland (Fidelity) brought this diversity action against The Merchants Bank (Merchants), James and Frances Rodgers, Louis Conter, and Westfield Development Company (Westfield) seeking reinstatement of a letter of credit issued by Merchants and canceled at Fidelity's request. Prior to its cancellation the letter had served as collateral for an appeal bond posted in a state case by James Rodgers, Conter...

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