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  5. 579 F.Supp. 1305 (1984)
 

SHEARSON/AMERICAN EXP. v. FIRST CONTINENTAL BANK

No. 81-1059-CV-W-3.

579 F.Supp. 1305 (1984)

SHEARSON/AMERICAN EXPRESS, INC., Plaintiff, v. FIRST CONTINENTAL BANK AND TRUST COMPANY, et al., Defendants. and FIRST CONTINENTAL BANK AND TRUST COMPANY, Third-Party Plaintiff, v. KANSAS BANKERS SURETY COMPANY and Fidelity and Deposit Company of Maryland, Third-Party Defendants.

United States District Court, W.D. Missouri, W.D.

January 19, 1984.

Attorney(s) appearing for the Case

Arthur L. Smith, Michael David Hart, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., Floyd R. Finch, Jr., Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for plaintiff.

Jerome D. Riffel, Campbell, Gilmore, Erickson, Cottingham, Morgan & Gibson, Kansas City, Mo., for defendant First Continental Bank and Trust Co.

Robert Thomson, Linde, Thomson, Fairchild, Langworthy & Kohn, Kansas City, Mo., for defendant William G. Evans.

Jack G. Beamer, Kansas City, Mo., for third-party defendant Fidelity and Deposit Co. of Md.

Thomas L. Theis, Alan V. Johnson, Topeka, Kan., for third-party defendant Kansas Bankers Surety Co.

MEMORANDUM AND ORDER

ELMO B. HUNTER, Senior District Judge.

Before the Court is the joint motion of the Third-Party Defendants, Kansas Bankers Surety Company (KBS), and Fidelity and Deposit Company of Maryland (FDC), for judgment on the pleadings. Through the course of responses filed by the parties, the motion has evolved into one for summary judgment. It will be treated as such by this Court.

Prior to proceeding to the merits, a short relating...

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