Brown v. Moore

DURHAM, Associate Chief Justice:

Kent L. Brown and Larry R. Hendricks (collectively plaintiffs) appeal from the district court’s grant of summary judgment in favor of the only remaining defendant in this case, the Department of Financial Institutions (DFI), and from the district court’s denial of plaintiffs’ motion for partial summary judgment on their breach of contract claim. The district court held that, as a matter of law, DFI had not breached the implied covenant of good faith and fair dealing in its contract with plaintiffs when it took possession of a savings and loan institution they…