Clifton Berglee, Dvm v. First National Bank of Brookings, South Dakota

Dr. Berglee brought this coercive action to recover $252,876.71 from the First National Bank (Bank) based on a Montana federal district court’s declaratory judgment that the Bank had disbursed funds from Berglee’s line of credit without his authorization. Berglee also claimed in this action that the Bank committed fraud in the wrongful handling of his accounts and converted proceeds from the sale of his cattle. On motions for summary judgment, the district court determined that Berglee was entitled to coercive relief but that his tort claims were barred by res judicata. Our court reversed the…