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NELSON v. FIRST NAT. BANK AND TRUST CO. WILLISTON

No. 07-3543.

543 F.3d 432 (2008)

Jane NELSON; Bruce Nelson; U.S. Bank National Association, ND, Appellants, v. FIRST NATIONAL BANK AND TRUST COMPANY OF WILLISTON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 1, 2008.

Attorney(s) appearing for the Case

Mark S. Olson, argued, Minneapolis, MN (Adam C. Trampe, on the brief), for appellants.

Ronald Harvey McLean, argued, Fargo, ND (Beverley L. Adams, on the brief), for appellee.

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and PIERSOL, District Judge.

COLLOTON, Circuit Judge.

The beneficiaries of the Leonard Nelson Trust, Jane Nelson and Bruce Nelson, as well as the trustee, U.S. Bank National Association, N.D. (U.S. Bank), appeal an adverse grant of summary judgment on their North Dakota breach of fiduciary duty claim against the trust's former trustee, First National Bank and Trust Company of Williston (First National). We affirm the judgment of the district court.2

I.

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