Legal Opinion

Vincent Di Vito v. Fidelity and Deposit Company of Maryland

Court of Appeals for the Seventh Circuit

Decided July 12, 1966No. 15516PublishedCited by 57 opinions

1Opinion of the Court

CASTLE, Circuit Judge.

Fidelity and Deposit Company of Maryland, the defendant-appellant, prosecutes this appeal from an order of the District Court denying its motion to vaeate and set aside an agreed order of dismissal entered pursuant to stipulation of the parties in the action of Vincent Di Vito, the plaintiff-appellee, against the defendant as the surety on a contractor’s performance bond. Defendant’s motion is grounded on Rule 60(b) (3) of the Federal Rules of Civil Procedure (28 U.S.C.A.) 1 and based on its claim of “fraud and misrepresentation of plaintiff in procuring the settlement”…

2Cases cited5 opinions

  1. Assmann v. FlemingCourt of Appeals for the Eighth Circuit · 1947
  2. Edward T. Hulson and Walter A. Christensen v. The Atchison, Topeka and Santa Fe Railway Company, a CorporationCourt of Appeals for the Seventh Circuit · 1961
  3. James J. Duane, Jr. v. Walter P. AltenburgCourt of Appeals for the Seventh Circuit · 1962
  4. Margaret Nugent v. Yellow Cab CompanyCourt of Appeals for the Seventh Circuit · 1961
  5. Auguste Parker v. Checker Taxi Company, Inc., a Corporation, and Field Enterprises, Inc., a CorporationCourt of Appeals for the Seventh Circuit · 1956

3Cited by57 opinions

  1. Merit Insurance Company v. Leatherby Insurance Company A/K/A Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1983
  2. C.K.S. Engineers, Inc. v. White Mountain Gypsum Company, M.S. Riddle and Eryl A. CummingsCourt of Appeals for the Seventh Circuit · 1984
  3. Ben Sager Chemicals International, Inc. v. E. Targosz & Co., and Thorson Chemical Corp.Court of Appeals for the Seventh Circuit · 1977
  4. Matthew Madonna v. United StatesCourt of Appeals for the Second Circuit · 1989
  5. Israel Ramirez v. United StatesCourt of Appeals for the Seventh Circuit · 2015

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