BANK OF AMERICA, N.A. v. JB HANNA, LLC

Nos. 12-3239, 12-3352.

766 F.3d 841 (2014)

BANK OF AMERICA, N.A., Plaintiff-Appellant, v. JB HANNA, LLC; Kerzen Properties, LLC; Burt Hanna; Hanna's Candle Company, Defendants-Appellees. Bank of America, N.A., Plaintiff-Appellee, v. JB Hanna, LLC; Kerzen Properties, LLC; Burt Hanna; Hanna's Candle Company, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2014.


Attorney(s) appearing for the Case

Thomas Walsh , argued, Saint Louis, MO ( Theresa L. Davis , Melissa A. Mickey , Michael L. Molinaro , Chicago, IL, on the brief), for appellant.

Robert J. Mitchell , argued ( William B. Putman , Timothy L. Brooks , on the brief), Fayetteville, AR, for appellee.

Before LOKEN, BYE, and COLLOTON, Circuit Judges.


COLLOTON, Circuit Judge.

Burt Hanna, JB Hanna, LLC ("JB Hanna"), Kerzen Properties, LLC ("Kerzen"), and Hanna's Candle Company, LLC ("Hanna's Candle") (collectively, "the Hanna Parties") borrowed several million dollars, in the form of floating-interest-rate loans, from Bank of America, N.A. ("the Bank"). The Hanna Parties failed to pay the balance due on one of the loans when it matured. The Bank sued the Hanna Parties for breach of contract. The Hanna Parties counterclaimed...

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