E-SHOPS CORP. v. U.S. BANK NAT. ASS'N

No. 11-2474.

678 F.3d 659 (2012)

E-SHOPS CORP., an Arizona Corporation, individually and on behalf of all those similarly situated, doing business as Paintball Punks, Plaintiff-Appellant, v. U.S. BANK NATIONAL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 18, 2012.


Attorney(s) appearing for the Case

James Robert Noblin , argued, Long Beach, CA, David Michael Cialkowski , John Gordon Rudd, Jr. , Minneapolis, MN, Robert S. Green , San Francisco, CA, on the brief, for appellant.

Peter William Carter , argued, Brian Vander Pol , on the brief, Minneapolis, MN, for appellee.

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.


BRIGHT, Circuit Judge.

After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association ("U.S. Bank") credit cards, E-Shops Corp. ("E-Shops") filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops's performance under its contract with its merchant bank more expensive. The district court1 dismissed E-Shops's complaint when...

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