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James Newport v. Michelin, 97-1713 (1997)

Court: Court of Appeals for the Eighth Circuit Number: 97-1713 Visitors: 15
Filed: Nov. 13, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1713WM _ James Frederick Newport, * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Michelin Aircraft Tire; Michelin Tire * Corporation; Calvin McMiller, * [UNPUBLISHED] * Appellees. * _ Submitted: November 5, 1997 Filed: November 13, 1997 _ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. _ PER CURIAM. James Frederick Newport appeals following the district court's dismissal
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United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________ No. 97-1713WM _____________ James Frederick Newport, * * Appellant, * * Appeal from the United States v. * District Court for the Western * District of Missouri. Michelin Aircraft Tire; Michelin Tire * Corporation; Calvin McMiller, * [UNPUBLISHED] * Appellees. * _____________ Submitted: November 5, 1997 Filed: November 13, 1997 _____________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges. _____________ PER CURIAM. James Frederick Newport appeals following the district court's dismissal of Newport's employment-related complaint on res judicata grounds. Conceding that his complaint was properly dismissed, Newport contends the district court erroneously denied Newport leave to file as a matter of course an amended complaint that overcame the res judicata deficiencies. See Fed. R. Civ. P. 15(a). Contrary to Newport's view, however, the district court's error was harmless. First, we are unable meaningfully to review Newport's argument that his amended complaint was not barred by res judicata because the amended complaint does not appear in the record. Second, having read portions of the amended complaint that are paraphrased in the record and the briefs, we conclude that Newport's amended complaint would not have preserved his claims. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. We also deny Newport's motion to supplement the record. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Source:  CourtListener

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