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FIRST NAT. BANK OF OMAHA v. MARQUETTE NAT. BANK

No. 4-79 Civ. 94.

482 F.Supp. 514 (1979)

FIRST NATIONAL BANK OF OMAHA, a national banking association, and First of Omaha Service Corporation, a Nebraska corporation, Plaintiffs, v. The MARQUETTE NATIONAL BANK OF MINNEAPOLIS, a national banking association, and St. Paul Fire and Marine Insurance Company, a Minnesota corporation, Defendants.

United States District Court, D. Minnesota, Fourth Division.

December 12, 1979.

Attorney(s) appearing for the Case

Mackall, Crounse & Moore by Clay R. Moore, Minneapolis, Minn., and Swarr, May, Smith & Andersen by William E. Morrow, Jr., and Donald J. Buresh, Omaha, Neb., for plaintiffs.

Levitt, Palmer, Bowen, Bearmon & Rotman by J. Patrick McDavitt, Minneapolis, Minn., for defendants.

MEMORANDUM ORDER

ALSOP, District Judge.

This matter comes before the court upon the motion of the defendants to dismiss the First, Second, Third, Fourth and Fifth Claims for Relief, to the extent that these claims are based upon lobbying and litigation activities, for failure to state a claim upon which relief can be granted (Fed.R. Civ.P. 12(b)(6)) or in the alternative for partial summary judgment (Fed.R.Civ.P. 56) on these claims. Briefs were submitted...

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