United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-1479 ___________ Frederick P. Moldan; Luann L. * Moldan, * * Appellants, * * v. * * State Bank and Trust Company of New * Ulm, Minnesota, a state chartered * financial institution doing business * Appeal from the United States as a Minnesota corporation; Dan * District Court for the Glickman, as Secretary of Agriculture * District of Minnesota. for the United States Department of * Agriculture; doing business as Rural * [UNPUBLISHED] Utilities Service and Farm Services * Agency; Brown County Rural * Electric Association, a Minnesota * chartered and member-owned * cooperative association; John Does, * 1-10; Jane Roes, 1-10; XYZ * Corporation, 1-5, * * Appellees. * ___________ Submitted: March 19, 1999 Filed: April 2, 1999 ___________ Before FAGG, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. Frederick P. Moldan and Luann L. Moldan appeal from the district court’s1 order granting the summary judgment motion of defendants State Bank and Trust Company of New Ulm (State Bank) and the United States Secretary of Agriculture as to certain counts, and dismissing without prejudice the Moldans’ remaining claims. Having carefully reviewed the record and the parties’ submissions on appeal, we conclude that the district court’s judgment is correct. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny State Bank's pending motion as moot. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. 1 The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota. -2-