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WELLS FARGO BANK, N.A. v. WINDOWS USA, LLC

Case No. 4:19-cv-00161-SMR-SBJ.

484 F.Supp.3d 645 (2020)

WELLS FARGO BANK, N.A., Plaintiff/Counterclaim Defendant, v. WINDOWS USA, LLC, Defendant/Counterclaimant/Third-Party Plaintiff v. Wells Fargo National Bank West, Third-Party Defendant.

United States District Court, S.D. Iowa, Central Division.

Signed September 4, 2020.

Attorney(s) appearing for the Case

Jesse Linebaugh, David Creasey, Kathryn Skilton, Kwesi Atta-Krah, Faegre Drinker Biddle & Reath LLP, Des Moines, IA, for Plaintiff/Counterclaim Defendant/Third-Party Defendant.

Guy R. Cook, Laura Nicole Martino, Michael Darrell Currie, Patrick J. McNulty, Sean M. Corpstein, Grefe & Sidney PLC, Adam D. Zenor, Zenor Kuehner, PLC, Des Moines, IA, Bart Calhoun, Pro Hac Vice, Dustin McDaniel, Pro Hac Vice, Vincent M. Ward, Pro Hac Vice, McDaniel Wolff & Benca PLLC, Little Rock, AR, for Defendant/Counterclaimant/Third-Party Plaintiff.

ORDER ON MOTIONS TO DISMISS

Wells Fargo Bank, N.A. ("Wells Fargo Bank") sued Windows USA, LLC ("Windows USA") for breach of contract and fraud, alleging Windows USA violated the parties' consumer financing agreement by failing to honor the bank's right of first refusal and promising to abide by that term of the...

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