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PAYROLL EXP. CORP. v. AETNA CAS. AND SUR. CO.

No. 1304, Docket No. 81-7100.

659 F.2d 285 (1981)

PAYROLL EXPRESS CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. The AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1981.

Attorney(s) appearing for the Case

Robert F. Fink, New York City (George L. Graff, Milgrim Thomajan Jacobs & Lee, P. C., New York City, of counsel), for plaintiff-appellant, cross-appellee.

Kenneth W. Malamy, New York City (Jerome Murray, Hendler & Murray, New York City, of counsel), for defendant-appellee, cross-appellant.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

In this diversity action for breach of an insurance contract Payroll Express Corporation (Payroll), a company which makes payroll deliveries for employers, appeals from a judgment of the Southern District of New York, Pierre N. Leval, Judge, entered after a non-jury trial, holding that a policy issued to it by the defendant, The Aetna Casualty and Surety Company (Aetna), insuring it against dishonesty, destruction and disappearance...

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