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SOO TRACTOR SWEEPRAKE CO., doing business as Radius Steel Fabrication Plaintiff-Appellant v. GAVIN/SOLMONESE LLC; Ted Gavin, Individually; Stephen Kunkel Defendants-Appellees
[Unpublished]
Soo Tractor Sweeprake Co. (Soo) appeals the district court’s 1 dismissal, for lack of standing, of its diversity action asserting contract and commercial tort claims. Having reviewed the record in light of the parties’ arguments, we agree with the district court that, under Iowa law, Soo assigned its interest in the asserted claims prior to filing the instant action. See Branson Label, Inc. v. City of Branson, 793 F.3d 910, 915-16 (8th Cir. 2015) (standard of review); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 533 (Iowa 1995) (“Choses in action whether for breach of contract or for tort are assignable in this state.”).
The judgment is affirmed. See 8th Cir. R. 47B.
FOOTNOTES
1. The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa.
PER CURIAM.
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Docket No: No. 17-2985
Decided: June 25, 2018
Court: United States Court of Appeals, Eighth Circuit.
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