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August 28, 2013
Eisenhower Carlson Client TAPCO Credit Union Prevails In Ninth Circuit Court Of Appeals
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Eisenhower Carlson client TAPCO Credit Union recently obtained a favorable ruling from the Ninth Circuit Court of Appeals in the case entitled John M. Floyd & Associates, Inc. v. TAPCO Credit Union, -- Fed. Appx. --, 2013 WL 4441639 (9th Cir. 2013).  Plaintiff / Appellant John M. Floyd & Associates, Inc. (“JMFA”) appealed the district court’s grant of summary judgment in favor of TAPCO Credit Union (“TAPCO”), whereby the district court dismissed JMFA’s breach of contract claim and other claims against TAPCO as a matter of law because JMFA failed to submit sufficient evidence to withstand TAPCO’s motion for summary judgment.  The dispute arose from a contract that JMFA and TAPCO previously had in which JMFA provided TAPCO with an overdraft protection program for TAPCO’s members’ checking accounts.  In affirming the district court’s dismissal of JMFA’s claims on summary judgment, the Ninth Circuit noted that “JMFA cannot survive summary judgment based solely on a ‘belief’ that is uncorroborated by some admissible evidence to support its claim.”  Because the Ninth Circuit affirmed the district court’s ruling on this basis, it did not need to address TAPCO’s cross appeal on the issue of whether JMFA’s claims against TAPCO were barred because the parties’ contract was integrated. 


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