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FAITH BIBLE CHRISTIAN OUTREACH CENTER, INC. v. WARNER, IV

No. 99-1428.

201 F.3d 1020 (2000)

FAITH BIBLE CHRISTIAN OUTREACH CENTER, INC., Appellant, v. John WARNER, IV, Trustee of the C.H. Moore Trust Estate; Elizabeth H. O'Herin, Trustee of the C.H. Moore Trust Estate; Ralph L. Forrest; and Wendell M. Petty, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2000.

Attorney(s) appearing for the Case

David J. Siegrist, Britt, IA, argued (Brian D. Jones, on the brief), for Appellant.

Charles E. Cutler, Des Moines, IA, argued (Patrick V. Waldron, on the brief), for Appellees C.H. Moore Trust Estate, John Warner, IV, Elizabeth H. O'Herin and Ralph L. Forrest.

Chad M. McShane, Denver, CO, argued, for Appellee Wendell M. Petty.

Before: RICHARD S. ARNOLD and LOKEN, Circuit Judges, and WEBB, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

This case arises out of a lease between the trustees of the C.H. Moore Trust Estate, as lessors, and the plaintiff, Faith Bible Christian Outreach Center, as lessee. The subject of the lease is a 2.29 acre tract of land in Storm Lake, Iowa. The plaintiff, which we shall refer to as the Center, claims that the defendant trustees violated a fiduciary duty when they sold the land to someone else. We hold that no fiduciary duty existed...

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