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]