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PROGROWTH BANK, INC. v. WELLS FARGO BANK, N.A.

No. 07-3948.

558 F.3d 809 (2009)

PROGROWTH BANK, INC., Plaintiff-Appellee, v. WELLS FARGO BANK, N.A.; and Global One Financial, Inc., of Minnesota, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 20, 2009.

Rehearing and Rehearing En Banc Denied April 6, 2009.

Attorney(s) appearing for the Case

Harry C. Sigman, argued, Los Angeles, CA, Joseph C. Chancey, Atlanta, GA, and Jennifer E. Ampulski, Minneapolis, MN, on the brief, for appellant.

Robert C. Moilanen, argued, Minneapolis, MN, Richard T. Ostlund and Shannon M. Awsumb, Minneapolis, MN, on the brief, for appellee.

Before WOLLMAN, BYE, and RILEY, Circuit Judges.

BYE, Circuit Judge.

Wells Fargo Bank, N.A. ("Wells Fargo") and Global One Financial, Inc. ("Global One") (collectively, the "Defendants") appeal from the district court's grant of summary judgment in favor of ProGrowth Bank, Inc. ("ProGrowth") on its claim for a declaratory judgment. We reverse.

I

This case concerns separate and unrelated loans made by Global One and Pro-Growth to Christopher Hanson ("Hanson...

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