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United States Eighth Circuit


Hess v. Citibank, (South Dakota), N.A., 05-3791

Summary judgment dismissing an estate's claims under state law and the Truth in Lending Act (TILA) is affirmed where a bank did not violate the TILA by failing to send periodic statements to a debtor's estate after his death, the bank adequately pleaded a claim for interest, and it was entitled to statutory interest on its claim and to the whole payment made on the claim.

Appellate Information

  • Decided 08/14/2006
  • Published 08/14/2006

Judges

  • COLLOTON, Circuit Judge., Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Charles J. Schimmel, argued, Overland Park, KS (W. Greg Wright, on the brief), for appellant.

  • For Appellees:
  • Thomas C. Walsh, argued, St. Louis, MO (Louis F. Bonacorsi and Ketrina G. Bakewell, on the brief), for appellee.
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