MICHALSKI v. BANK OF AMERICA ARIZONA

No. 94-3508.

66 F.3d 993 (1995)

Joseph W. MICHALSKI, Jeanette Michalski, Robert G. Michalski, Paulette R. Michalski, Appellants, v. BANK OF AMERICA ARIZONA, an Arizona corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 5, 1995.


Attorney(s) appearing for the Case

Michael D. Schwartz, Minneapolis, Minnesota, argued, for appellant.

Thomas Henry Boyd, St. Paul, Minnesota, argued Appearing on the brief (Gregory Scott Spencer, on the brief), for appellee.

Before WOLLMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BOGUE, District Judge.


WOLLMAN, Circuit Judge.

Joseph W., Jeanette, Robert G., and Paulette R. Michalski (collectively, the "Michalskis") brought this diversity action against Bank of America Arizona ("Bank"), alleging various breach of contract claims under Minnesota law. Finding no dispute of material fact, the district court granted summary judgment in favor of Bank. We reverse and remand.

I.

Bank is the successor corporation to Security Pacific Bank Arizona ("Security...

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