Mercantile Bank of Kansas City, Cross-Appellee v. Farmers & Merchants State Bank, Cross-Appellant

BARRETT, Senior Circuit Judge.

Mercantile Bank of Kansas City (Mercantile) appeals from the district court’s order and judgment dismissing with prejudice four of Mercantile's seven claims made against Farmers & Merchants State Bank (F & M) in a contract dispute. F & M cross appeals from the district court's denial of F & M’s motion for summary judgment as well as the court’s final order and judgment and the court’s finding in Mercantile’s favor on one of the claims. 1 Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332.

I

A summary of the relevant and sometimes disputed facts are…