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MCGOWEN, HURST, CLARK & SMITH v. COMMERCE BANK

No. 20-1925.

11 F.4th 702 (2021)

MCGOWEN, HURST, CLARK & SMITH, P.C., Plaintiff-Appellee v. COMMERCE BANK, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2021.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was William Laurence Moran , of Saint Paul, MN. The following attorney(s) appeared on the appellant's brief; Kelly S. Hadac , of Saint Paul, MN.

Counsel who presented argument on behalf of the appellee and appeared on the appellee's brief, was Jason Michael Craig , of Des Moines, IA. The following attorney(s) also appeared on the appellee's brief; John Douglas Hintze , of Des Moines, IA.

Before SMITH, Chief Judge, SHEPHERD and GRASZ, Circuit Judges.

Robert McGowen obtained a personal loan from Commerce Bank ("Commerce"). At all relevant times, McGowen served as the president, was on the board of directors, and was a shareholder of McGowen, Hurst, Clark & Smith, P.C. (MHCS), an accounting firm. Commerce attempted to secure McGowen's personal loan by his signature on a...

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