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United States Eighth Circuit


Fortress Sys., L.L.C. v. Bank of the West, 08-1802

In a breach of contract action, district court's grant of summary judgment to defendant is affirmed as conditional letter was insufficient to establish the existence of any contract or any implied duty of good faith and fair dealing. District Court's judgment in favor of plaintiff on promissory estoppel claim is reversed, as written commitment letter did not materialize the substance of the oral statement and did not satisfy statute of frauds under Iowa law.

Appellate Information

  • Decided 02/23/2009
  • Published 02/23/2009

Judges

  • MURPHY, Circuit Judge., Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Thomas Walsh, argued, St. Louis, MO, Thomas M. White, argued, Omaha, NE (Thomas Walsh, St. Louis, MO, Gerald L. Friedrichsen, Omaha, NE, Lynn McCreary, Kansas City, MO, on the brief), for appellant.

  • For Appellees:
  • Thomas M. White, Omaha, NE, C. Thomas White, Omaha, NE, Amy S. Jorgensen, Omaha, NE, for appellee.
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