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THOMAS & WONG GENERAL CONTRACTOR v. THE LAKE BANK

No. 08-1213.

553 F.3d 650 (2009)

THOMAS & WONG GENERAL CONTRACTOR, a Brunei Darussalam corporation, Appellant, v. THE LAKE BANK, N.A., doing business as The Lake Bank, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 23, 2009.

Attorney(s) appearing for the Case

Mark J. Kallenbach, argued, Minneapolis, MN, for appellant.

Stephanie Ann Ball, argued, Duluth, MN, for appellee.

Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Thomas & Wong General Contractor sued The Lake Bank for failure to perform under a Collateral Transfer Agreement. Thomas & Wong appeals a summary judgment in favor of Lake Bank. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and remands.

I.

The facts are stated in the light most favorable to Thomas & Wong, the nonmoving party. See Jenkins v. Winter, 540 F.3d 742

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