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LIFEWISE MASTER FUNDING v. TELEBANK

No. 03-4086.

374 F.3d 917 (2004)

LIFEWISE MASTER FUNDING, a Delaware limited liability company; Lifewise Family Financial Security, a Utah corporation, Plaintiffs-Counter-Defendants-Appellants, v. TELEBANK, now known as E Trade Bank, a federally chartered savings bank, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 29, 2004.

Attorney(s) appearing for the Case

Thomas E. Plank, University of Tennessee College of Law, Knoxville, Tennessee, and Brent V. Manning, (Candice Anderson Vogel, with him on the brief, and Sammi V. Anderson, on the brief, Manning, Curtis, Bradshaw and Bednar, L.L.C., Salt Lake City, UT), for Plaintiffs-Counter-Defendants-Appellants.

Douglas P. Lobel, Arnold & Porter LLP, Washington, DC, Mark A. Glick, Parsons Behle & Latimer, Salt Lake City, UT, Patrick D. Conner, Morgan, Lewis & Bockius, LLP, on the brief, McLean, VA, and Barkley Clark for Defendant-Counter-Claimant-Appellee.

Before EBEL, KELLY, and McCONNELL, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants LifeWise Master Funding, LLC and LifeWise Family Financial Security, Inc. (collectively "LifeWise") appeal the district court's grant of judgment as a matter of law and summary judgment against them in their breach of contract claim against Defendant-Appellee E*TRADE Bank ("E*TRADE"). The district court held that (1) LifeWise failed to satisfy a condition precedent to E*TRADE's provision of funding under the contract...

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