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FEDERAL DEPOSIT INS. CORP. v. FIREMAN'S FUND INS. CO.

Civ. No. 67-429.

271 F.Supp. 689 (1967)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff, v. FIREMAN'S FUND INSURANCE CO., a California corporation, Defendant and Third-Party Plaintiff, v. Martin D. VonZAMFT, William L. Crandall, William L. Marmorstein and Bernard Harrison, Third-Party Defendants.

United States District Court S. D. Florida, Miami Division.

August 21, 1967.

Attorney(s) appearing for the Case

Blackwell, Walker & Gray, Miami, Fla., for plaintiff.

Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., for defendant and third-party plaintiff.

Harrison & Kornbluh, Miami, Fla., for third-party defendant Harrison.

Hoffman & St. Jean, Miami Beach, Fla., for third-party defendant Crandall.

Harold Ungerleider, Miami, Fla., for third-party defendant Marmorstein.

OPINION

EATON, District Judge.

Motion to Strike Defense relating to Fraud

The Plaintiff Federal Deposit Insurance Corporation sues as assignee of Five Points Bank on two bonds issued by Defendant Fireman's Fund Insurance Company. By its third defense, Fireman's Fund seeks to plead "fraud in the inducement," stating that it was fraudulently induced by Plaintiff's assignor to issue the bonds. In...

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