Filed: Jun. 25, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2985 _ Soo Tractor Sweeprake Co., doing business as Radius Steel Fabrication lllllllllllllllllllll Plaintiff - Appellant v. Gavin/Solmonese LLC; Ted Gavin, Individually; Stephen Kunkel lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Northern District of Iowa - Sioux City _ Submitted: June 14, 2018 Filed: June 25, 2018 [Unpublished] _ Before WOLLMAN, BENTON, and KELLY, Circuit Judges. _
Summary: United States Court of Appeals For the Eighth Circuit _ No. 17-2985 _ Soo Tractor Sweeprake Co., doing business as Radius Steel Fabrication lllllllllllllllllllll Plaintiff - Appellant v. Gavin/Solmonese LLC; Ted Gavin, Individually; Stephen Kunkel lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Northern District of Iowa - Sioux City _ Submitted: June 14, 2018 Filed: June 25, 2018 [Unpublished] _ Before WOLLMAN, BENTON, and KELLY, Circuit Judges. _ P..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-2985
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Soo Tractor Sweeprake Co., doing business as Radius Steel Fabrication
lllllllllllllllllllll Plaintiff - Appellant
v.
Gavin/Solmonese LLC; Ted Gavin, Individually; Stephen Kunkel
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Northern District of Iowa - Sioux City
____________
Submitted: June 14, 2018
Filed: June 25, 2018
[Unpublished]
____________
Before WOLLMAN, BENTON, and KELLY, Circuit Judges.
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PER CURIAM.
Soo Tractor Sweeprake Co. (Soo) appeals the district court’s1 dismissal, for
lack of standing, of its diversity action asserting contract and commercial tort claims.
1
The Honorable Leonard T. Strand, Chief Judge, United States District Court
for the Northern District of Iowa.
Having reviewed the record in light of the parties’ arguments, we agree with the
district court that, under Iowa law, Soo assigned its interest in the asserted claims
prior to filing the instant action. See Branson Label, Inc. v. City of Branson,
793 F.3d
910, 915-16 (8th Cir. 2015) (standard of review); Red Giant Oil Co. v. Lawlor,
528
N.W.2d 524, 533 (Iowa 1995) (“Choses in action whether for breach of contract or
for tort are assignable in this state.”).
The judgment is affirmed. See 8th Cir. R. 47B.
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