Soo Tractor Sweeprake Co. v. Gavin/Solmonese LLC, No. 17-2985 (8th Cir. 2018)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Benton and Kelly, Circuit Judges] Civil case. The district court did not err in dismissing this action for lack of standing based on its determination that plaintiff assigned its interest in the claims prior to filing this suit.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2985 ___________________________ Soo Tractor Sweeprake Co., doing business as Radius Steel Fabrication lllllllllllllllllllll Plaintiff - Appellant v. Gavin/Solmonese LLC; Ted Gavin, Individually; Stephen Kunkel lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: June 14, 2018 Filed: June 25, 2018 [Unpublished] ____________ Before WOLLMAN, BENTON, and KELLY, Circuit Judges. ____________ PER CURIAM. Soo Tractor Sweeprake Co. (Soo) appeals the district court’s1 dismissal, for lack of standing, of its diversity action asserting contract and commercial tort claims. 1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. Having reviewed the record in light of the parties’ arguments, we agree with the district court that, under Iowa law, Soo assigned its interest in the asserted claims prior to filing the instant action. See Branson Label, Inc. v. City of Branson, 793 F.3d 910, 915-16 (8th Cir. 2015) (standard of review); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 533 (Iowa 1995) (“Choses in action whether for breach of contract or for tort are assignable in this state.”). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ -2-
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