Court of Appeals for the Eighth Circuit March 12, 2007, 06-2138 (Mountain Pure, LLC John Stacks Beverly Stacks v. Bank of America, N.A.)

BENTON, Circuit Judge.

John B. Stacks and Beverly D. Stacks (“the Stacks”) and Mountain Pure, LLC, sued Bank of America for breach of contract and promissory estoppel. The district court granted the Bank summary judgment, finding the Stacks did not suffer damages. Having jurisdiction under 28 U.S.C. § 1291, this court reverses in part, affirms in part, and remands.

I.