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DiVALL INSURED INCOME v. BOATMEN'S FIRST NAT. BANK

No. 95-1081.

69 F.3d 1398 (1995)

DiVALL INSURED INCOME FUND LIMITED PARTNERSHIP, a Wisconsin Limited Partnership, Appellant, v. BOATMEN'S FIRST NATIONAL BANK OF KANSAS CITY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 13, 1995.

Attorney(s) appearing for the Case

Leonard B. Rose, Kansas City, Missouri, argued (Martha A. Halvordson, on the brief), for appellant.

Steven E. Mauer, Kansas City, Missouri, argued (John M. Edgar and Lisa J. Henoch, on the brief), for appellee.

Before BOWMAN, BRIGHT, and BEAM, Circuit Judges.

BRIGHT, Circuit Judge.

DiVall Insured Income Fund, L.P. ("DiVall L.P." or "DiVall") filed this declaratory judgment action against Boatmen's First National Bank of Kansas City ("Boatmen's") claiming that it was not liable on a promissory note due to lack of consideration. Boatmen's had acquired the note from the Federal Deposit Insurance Corporation ("FDIC") through a purchase and assumption agreement. The district court granted summary judgment for Boatmen's determining...

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