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BUFFETS, INC. v. LEISCHOW

No. 12-2804.

732 F.3d 889 (2013)

BUFFETS, INC., a Minnesota corporation; OCB Restaurant Company, LLC, a Minnesota limited liability company; Ryan's Restaurant Group, Inc., a South Carolina corporation; Home Town Buffet, Inc., a Minnesota corporation; Tahoe Joe's, Inc., a Minnesota corporation; Fire Mountain Restaurants, LLC, a Delaware limited liability company, Plaintiffs-Appellants v. Dean LEISCHOW, Defendant BMO Harris Bank, formerly known as M & I Marshall & Isley Bank; U.S. Bank, N.A., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 2013.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was William F. Mohrman , of Minneapolis, MN. The following attorney(s) appeared on the appellant brief; James Roger Magnuson , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee U.S. Bank was Peter William Carter , of Minneapolis, MN. The following attorney(s) appeared on the appellee brief of U.S. Bank; Eric R. Sherman , of Minneapolis, MN. Kristin Kate Zinsmaster , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee BMO Harris Bank was Keith Solomon Moheban, I , Allen I. Saeks and Elizabeth A. Larsen , of Minneapolis, MN.

Before WOLLMAN and COLLOTON, Circuit Judges, and HOLMES, District Judge.

COLLOTON, Circuit Judge.

Buffets, Inc. brought this action against U.S. Bank and BMO Harris Bank ("BMO"), alleging among other things violations of the Uniform Fiduciaries Act ("UFA"). The district court2 granted the banks' motions for summary judgment, and we affirm.

I.

Buffets, Inc. owned and operated approximately 546 restaurants in 39 States across the country. On January 7, 2007, Buffets hired LGI Energy Solutions...

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