First Dakota National Bank v. Eco Energy, LLC

BENTON, Circuit Judge.

First Dakota National Bank sued Eco-Energy, LLC, for breach of contract. The district court 1 ruled for Eco-Energy. First Dakota appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I

Eco-Energy contracted with Nedak Ethanol, LLC. Under a Marketing Contract, Eco-Energy promised to buy all Ne-dak’s ethanol and to transport it by railcar. Eco-Energy leased the railcars from a railcar company under a Car Service Agreement. Nedak promised to sublease the railcars from Eco-Energy if the Marketing Contract were terminated for any reason.

The next year, Nedak…