Prudential Ins. Co. v. Barry-Wehmiller Co.

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-4260 ___________ The Prudential Insurance Company * of America; Pruco Life Insurance * Company, * * Appellees, * * Appeal from the United States District v. * Court for the Eastern District of * Missouri. Barry-Wehmiller Company, * * [UNPUBLISHED] Appellant. * * ___________ Submitted: May 15, 1998 Filed: May 29, 1998 ___________ Before BEAM, LOKEN, and MURPHY, Circuit Judges. ___________ PER CURIAM. Barry-Wehmiller Company appeals from the district court's1 order granting summary judgment to The Prudential Insurance Company of America and Pruco Life Insurance Company (collectively, "Prudential"). Prudential loaned Barry-Wehmiller fifteen million dollars pursuant to an agreement that required Barry-Wehmiller to pay 1 The Honorable Jean C. Hamilton, Chief United States District Judge for the Eastern District of Missouri. a "Yield-Maintenance Amount" if Barry-Wehmiller repaid the loan prior to its due date. When Barry-Wehmiller prepaid the loan, but failed to pay the "Yield- Maintenance Amount," Prudential brought this breach of contract action. Having carefully reviewed the parties' submissions, we conclude that the district court did not err. See 8th Cir. R. 47B. A true copy. ATTEST: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-