Merrill Marine Services, Inc. v. Union Planters National Bank

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on the parties’ cross motions for summary judgment. Plaintiff filed this diversity action seeking monetary damages as a result of defendant’s alleged breach of the exclusive listing agreement. Plaintiff has also invoked Rule 9(h) of the Federal Rules of Civil Procedure.

At the Court’s request, the parties submitted the following joint statement of stipulated facts:

1. Plaintiff is a Missouri corporation with its principal place of business in St. Louis, Missouri. Defendant is a National Banking Association with its principal place…