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BERGLEE v. FIRST NAT. BANK OF BROOKINGS, SD

No. 00-2884.

287 F.3d 696 (2002)

Clifton BERGLEE, DVM, Appellant, v. FIRST NATIONAL BANK OF BROOKINGS, SOUTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 19, 2002.

Rehearing and Rehearing Denied May 22, 2002.

Attorney(s) appearing for the Case

Robert L. Johnson, argued, Lewistown, MT, for appellant.

Stephen D. Bell, argued, Denver, CO (Timothy M. Gebhart, on the brief), for appellee.

Before: BOWMAN, BRIGHT, and HANSEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 22, 2002.

PER CURIAM.

Dr. Berglee brought this coercive action to recover $252,876.71 from the First National Bank (Bank) based on a Montana federal district court's declaratory judgment that the Bank had disbursed funds from Berglee's line of credit without his authorization. Berglee also claimed in this action that the Bank committed fraud in the wrongful handling of his accounts and converted proceeds from the...

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