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                        as a courtesy to the reader. They are not part of the opinion of the court.

081802P.pdf   02/23/2009  Fortress Systems L.L.C.  v.  Bank of the West
   U.S. Court of Appeals Case No:  08-1802
                          and No:  08-1874
   District of Nebraska - Omaha   
   [PUBLISHED] [Murphy, Author, with Smith, Circuit Judge, and
   Limbaugh, District Judge]
   Civil Case - diversity. Grant of summary judgment to bank on claims of
   breach of contract and breach of duty of good faith and fair dealing is
   affirmed, as conditional letter was insufficient to support claim of breach
   of contract or breach of duty of good faith and fair dealing and any oral
   agreement failed under state statute of frauds. Judgment on promissory
   estoppel is reversed, as written commitment letter did not materialize the
   substance of the oral statement and did not satisfy statute of frauds under
   Iowa law.