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FIRST UNION NAT. BANK v. PICTET OVERSEAS TRUST

No. 05-2932.

477 F.3d 616 (2007)

FIRST UNION NATIONAL BANK, as Trustee of the Southeast Timber Leasing Statutory Trust, Appellant, v. PICTET OVERSEAS TRUST CORP., LTD., Trustee of Henrietta Y. Jones Trust, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 22, 2007.

Attorney(s) appearing for the Case

Elizabeth C. Carver, argued, St. Louis, MO, for appellant.

Philip E. Kaplan, argued, Little Rock, AR, for appellee.

Before WOLLMAN, BRIGHT, and BOWMAN, Circuit Judges.

WOLLMAN, Circuit Judge.

This case is once again before us. In our prior ruling, we reversed and remanded for further proceedings. First Union Nat'l Bank v. Pictet Overseas Trust Corp., Ltd., 351 F.3d 810, 816 (8th Cir.2003) (Pictet I) (hereinafter we refer to the parties as First Union and Pictet). On remand, the district court entered summary judgment in favor of Pictet, holding that First Union breached a fiduciary...

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