DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
033153P.pdf 09/10/2004 Anitra D. Davis v. U.S. Bancorp
U.S. Court of Appeals Case No: 03-3153
District of Minnesota
Civil case - Consumer law. The court applies a presumption that a
properly mailed document is received by the addressee, and affidavit
from defendant's employee that notice was sent and complied with
applicable underwriting procedures was sufficient to establish that the
notice was sent absent contradictory evidence; notice was timely under
the Equal Credit Opportunity Act, and the district court did not err in
granting bank's motion for summary judgment on claim the bank had
violated the Act; plaintiff did not have standing under the state statutes
she sued under as she did not meet the requirements to proceed under the
private attorney general statute, Minn. Stat. Sec. 8.31, subd. 3a; district
court did not err in granting summary judgment for the bank on plaintiff's
common law fraud and misrepresentation claims as she had failed to make
a prima facie case on either claim.
[PUBLISHED] [Wollman, Author, with Heaney and Bowman, Circuit Judges]