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FIDELITY & DEPOSIT CO. OF MD. v. HUDSON UNITED BANK

Civ. A. No. 78-357.

493 F.Supp. 434 (1980)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. HUDSON UNITED BANK, Defendant.

United States District Court, D. New Jersey.

June 23, 1980.

Attorney(s) appearing for the Case

Lum, Biunno & Tompkins by Charles H. Hoens, Jr., and Roger P. Sauer, Newark, N.J., for plaintiff.

Lowenstein, Sandler, Brochin, Kohl, Fisher & Boylan by Roger A. Lowenstein, Newark, N.J., for defendant.

OPINION

SAROKIN, District Judge.

This is an action by an insurer, Fidelity & Deposit Company of Maryland ("F&D"), for rescission of a banker's blanket bond alleging fraud by the insured, Hudson United Bank ("the Bank"), in procuring the bond. The Bank counterclaimed for recovery of certain losses allegedly compensable under the policy's employee dishonesty provision and other provisions. F&D moved, pursuant to Fed.R.Civ.P. 42(b), to bifurcate...

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