Buffalo National Bank v. United States

OPINION

HORN, Judge.

This case is before the court on the defendant’s motion for summary judgment pursuant to rule 56 of the rules of the United States Claims Court (RUSCC). Plaintiff, Buffalo National Bank (the Bank), brought this action under the Tucker Act jurisdiction of the court included in 28 U.S.C. § 1491 (1988). The complaint states that the case was filed as an action for breach of contract, and for failure to give notice “in violation of the Uniform Commercial Code as adopted in Minnesota.” According to plaintiff, the case arises from a subordination agreement entered into by the…