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SIMEONE v. FIRST BANK NAT. ASS'N

Nos. 94-3666, 94-3787.

73 F.3d 184 (1996)

Frederick A. SIMEONE, Appellee/Cross Appellant, v. FIRST BANK NATIONAL ASSOCIATION, formerly known as First Natl. Bank of St. Paul, Appellant/Cross Appellee, Antje Angela Quante, Executrix of the Estate of Herman Quante; Leland Gohlike, Defendants, Peter Garretson, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Brian Palmer, Minneapolis, MN, argued (Peter W. Carter, on the brief), for appellant.

James Beasley, Philadelphia, PA, argued (Paul A. Lauricella, on the brief), for appellee.

Before BEAM, ROSS and MURPHY, Circuit Judges.

ROSS, Circuit Judge.

Appellant, Frederick Simeone, sought damages against appellee First Bank National Association (First Bank) and others for breach of contract and fraud stemming from an agreement by First Bank to sell Simeone 1920-1930 era vintage Mercedes-Benz automobiles and parts which had been repossessed from a defaulting loan customer, Leland Gohlike. We affirm in part and reverse in part.

I.

The vehicles in question included a one-of-a...

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