United States Eighth Circuit

In a contract dispute between a borrower and lender, summary judgment for lender is affirmed where: 1) the district court properly found that a prepayment premium provision in the parties' promissory note was enforceable under Iowa law and that the provision had not been waived or modified; and 2) there was no abuse of discretion in awarding defendants attorney's fees and costs.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• RILEY, Circuit Judge., Before RILEY, BOWMAN, and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kirk T. May, argued, Kansas, MO, for Appellant.


• For Appellees:
  
• Michael William Thrall, argued, Des Moines, IA, (Debra Lynne Hullet, on the brief), for Appellee.