Durbin
Durbin v. National Loan Investors, L.P.
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff-Appellant Donald Durbin entered into a settlement agreement with Defendants-Appellees National Loan Investors, LP (“NLI”) and U.S. Bank. The settlement agreement provided that
At the time of the settlement, Durbin was a guarantor on a corporate line of credit issued to A Montana Lifestyle, Inc. at the Bozeman branch of First Bank Montana N.A., the predecessor in interest of U.S. Bank. Durbin also held a personal line of credit obtained at the Bozeman branch. The district court held that the release did not cover Durbin’s personal line of credit because it found that the language above was qualified by another clause of the agreement, which stated that “[i]t is the express intention and desire of all of the parties ... to settle ... any and all claims and causes of action ... which were asserted, or could have been asserted, in the [Montana Action].” In the district court’s view, there was no claim or dispute regarding Durbin’s personal line of credit that could have been asserted.
“We review the interpretation and meaning of contract provisions de novo.” DP Aviation v. Smiths Indus. Aerospace and Def. Sys., Ltd., 268 F.3d 829, 836 (9th Cir.2001). Under…