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  5. 734 F.Supp. 889 (1990)
 

WESTERN STATE BANK v. MARQUETTE BANK

Civ. No. 4-89-1074.

734 F.Supp. 889 (1990)

WESTERN STATE BANK OF ST. PAUL, Plaintiff, v. MARQUETTE BANK MINNEAPOLIS, N.A. and Robert L. Clarke, Comptroller of the Currency, Defendants.

United States District Court, D. Minnesota, Fourth Division.

April 18, 1990.

Attorney(s) appearing for the Case

Gary Hansen, Peter E. Hintz, Doherty, Rumble & Butler, P.A., St. Paul, Minn., for plaintiff.

Brian Palmer, John Cooney, Scott Wilson, Karen Hersch, Dorsey & Whitney, Minneapolis, Minn., for defendants.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendants' motion to dismiss for failure to state a claim or, in the alternative, for summary judgment. The motion for summary judgment will be granted.

FACTS

There is no dispute about the facts in this case.1 Defendant Marquette Bank Minneapolis, N.A. (Marquette) is a national banking association. On September 28, 1989, Marquette...

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