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CITIBANK TEXAS, N.A. v. PROGRESSIVE CAS. INS. CO.

No. 07-10142.

508 F.3d 779 (2007)

CITIBANK TEXAS, N.A., Plaintiff-Appellee, v. PROGRESSIVE CASUALTY INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 21, 2007.

Attorney(s) appearing for the Case

Stuart Mallory Reynolds, Jr. (argued), Winstead, P.C., Dallas, TX, for Plaintiff-Appellee.

Paul D. Schoonover (argued), Kleiman, Lawrence, Baskind, Fitzgerald, LLP, Dallas, TX, for Defendant-Appellant.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellee Citibank Texas, N.A. ("Citibank") sued Defendant-Appellant Progressive Casualty Insurance Co. ("Progressive") as the issuer of a fidelity bond, claiming Progressive should cover a loss Citibank sustained in a prior state court action filed against it by a depositor on a claim of unauthorized endorsement. Both Citibank and Progressive filed motions for summary judgment. The district court agreed with Citibank on its breach...

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