Brooks

MEMORANDUM *

In this diversity case, Plaintiff-Appellant Dennis L. Brooks sued DefendantsAppellees William O. Foster and Bessemer Trust Co. (Bessemer) to void the sale of a parcel of Idaho real property from Foster to Bessemer, in its capacity as trustee of the William O. Foster Credit Shelter Trust, pursuant to Idaho Code section 55-913. Foster defaulted and Bessemer filed a motion for summary judgment claiming that it acted in good faith and paid reasonably equivalent value, within the meaning of Idaho Code section 55-917(1). The dis *676 trict court granted summary judgment in favor of Bessemer and dismissed with prejudice the action against Foster on the ground that entering a default judgment against Foster would prejudice Bessemer. Brooks appeals, and we have jurisdiction pursuant to 28 U.S.C. § 1291 .

After careful review of the record as a whole, we conclude that there are genuine issues of material fact relating to good faith, an essential element of the affirmative defense asserted by Bessemer under section 55-917(1). See Fed. R. Civ. P. 56(c); Idaho Code § 55-917(1) 1 We accordingly reverse the district court and remand for further proceedings consistent with this…