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MAHANNA v. U.S. BANK NAT. ASS'N

No. 12-3055.

747 F.3d 998 (2014)

Simon MAHANNA; Debra Ann Mahanna, Plaintiffs-Appellants v. U.S. BANK NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2014.

Rehearing Denied May 13, 2014.

Attorney(s) appearing for the Case

Jeffrey Nicholas Dunphy , argued, Saint Louis, MO ( John Kilo , H. Clay Billingsley , on the brief), for appellant.

Michele (Mike) W. Bartolacci , argued, Saint Louis, MO ( Felicia R. Williams , on the brief), for appellee.

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.

MELLOY, Circuit Judge.

In the late 1980's Plaintiffs Simon Mahanna and Debra Ann Mahanna, husband and wife, gave physical possession of gold coins and proof sets to a predecessor of Defendant U.S. Bank, N.A. ("U.S.Bank"), as collateral to secure a line of credit. In 1997, in the midst of bank mergers and branch closings, Mr. Mahanna personally inquired as to the location of the gold coins. A bank representative informed him that the bank could not locate the coins...

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