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.

153872P.pdf   08/17/2017  Jo Ann Howard and Associates  v.  National City Bank
   U.S. Court of Appeals Case No:  15-3872
                          and No:  15-3878
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges] Civil case - Trusts. In action alleging Allegiant Bank, PNC's predecessor, breached its fiduciary duties as trustee of pre-need funeral deposits, was negligent and aided and abetted fraud and breach of fiduciary duty, the district court erred in determining the claims arose under tort law and were actionable at law; plaintiffs brought a trust-law claim in equity that should have been tried to the court; the beneficiaries of the trust were National Prearranged Services, Missouri consumers and funeral homes that were to provide services to the consumers; the measure of damages for the trust claim is defined by Section 205 of the Restatement (Second) of Trusts; the district court did not err in dismissing plaintiffs' claims for aiding and abetting in tort; although the court erred in allowing the case to be tried to a jury on a tort-law theory, the court is not required to retry the matter in its entirety as it is familiar with the evidence and may proceed on the existing trial record as it sees fit, with receipt of any additional evidence the court finds appropriate.