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FORTRESS SYSTEMS, L.L.C. v. BANK OF WEST

Nos. 08-1802, 08-1874.

559 F.3d 848 (2009)

FORTRESS SYSTEMS, L.L.C., a Nebraska Domestic Limited Liability Company, Appellee/Cross-Appellant, v. BANK OF the WEST, a California Banking Corporation, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2009.

Attorney(s) appearing for the Case

Thomas Walsh, argued, St. Louis, MO, Thomas M. White, argued, Omaha, NE (Thomas Walsh, St. Louis, MO, Gerald L. Friedrichsen, Omaha, NE, Lynn McCreary, Kansas City, MO, on the brief), for appellant.

Thomas M. White, Omaha, NE, C. Thomas White, Omaha, NE, Amy S. Jorgensen, Omaha, NE, for appellee.

Before MURPHY and SMITH, Circuit Judges, and LIMBAUGH, District Judge.

MURPHY, Circuit Judge.

Fortress Systems, L.L.C., (Fortress) brought this action against Bank of the West (the Bank) seeking damages for its refusal to extend a loan. Fortress asserted three claims under Nebraska law: (1) breach of contract, (2) promissory estoppel, and (3) breach of the duty of good faith and fair dealing. The district court granted summary judgment to the Bank on the first and third claims; the second claim...

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