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GENERAL FINANCE CORP. v. FIDELITY AND CASUALTY CO. OF N. Y.

No. CIV68-59S.

311 F.Supp. 353 (1970)

GENERAL FINANCE CORPORATION, Bankrupt, by Ronald W. Wright, Trustee, Plaintiff, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant.

United States District Court, D. South Dakota, S. D.

April 15, 1970.

Attorney(s) appearing for the Case

Gale B. Braithwaite, of Braithwaite, Cadwell & Braithwaite, Sioux Falls, S. D., and Delvin N. J. Welter, Yankton, S.D., for plaintiff.

Robert C. Heege, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Ronald W. Wright, as Trustee for the bankrupt General Finance Corporation, a South Dakota corporation with its principal place of business in Yankton, South Dakota, instituted this action in state court against the defendant Fidelity and Casualty Company of New York, a New York corporation having its principal place of business in a state other than South Dakota, to recover under a fidelity bond issued by Fidelity...

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