Ames v. Mid Valley Bank

28 F.3d 104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard H. AMES, husband; Plaintiff-Appellant, Helen Ames, wife, dba Ames Farms, Debtor-Appellant, v. MID VALLEY BANK, a Washington banking corporation, Paul Farris, as Chief Executive Officer of Mid Valley Bank, Defendants-Appellees No. 92-36813. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1994. Submission Withdrawn March 3, 1994. Resubmitted May 12, 1994. Decided June 20, 1994. 1 Before: GOODWIN, SCHROEDER, and NORRIS, Circuit Judges 2 MEMORANDUM * 3 * We agree with the district court that the Ames cannot prevail on their theory of breach of fiduciary duty for failure to book the SBA guaranteed loan in November 1981 because of a failure of proof on the issue of proximate cause. While MVB's conduct as a fiduciary was inexcusable, the law requires the Ames to prove that but for MVB's self-serving delay in processing the loan papers, the loan would have been made and the proceeds…