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FOXLEY & CO. v. U. S. FID. & GUAR. CO.

No. 42076.

277 N.W.2d 686 (1979)

203 Neb. 165

FOXLEY & CO., a corporation, Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Appellant.

Supreme Court of Nebraska.

April 24, 1979.

Attorney(s) appearing for the Case

Pilcher, Howard & Dustin, Omaha, for appellant.

Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

Heard before BOSLAUGH, WHITE, and HASTINGS, JJ., and HENDRIX and BUCKLEY, District Judges.

WHITE, Justice.

This is an appeal from judgment on a petition filed by appellee Foxley and Co. in the District Court against appellant United States Fidelity and Guaranty Company for alleged wrongful refusal to defend a suit brought against the appellee in the District Court for Saunders County by American Savings Company. The petition of Foxley & Co. prays for the amount of the judgment rendered against Foxley & Co. in the District Court for Saunders County...

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