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Howard D. Ogle v. A.D.M. Milling Co., 99-1644 (1999)

Court: Court of Appeals for the Eighth Circuit Number: 99-1644 Visitors: 26
Filed: Nov. 23, 1999
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 99-1644 _ Howard Darrell Ogle; Marjorie Ogle, * * Appellants, * * Appeal from the United States v. * District Court for the Western * District of Missouri. A.D.M. Milling Company; Lord, Bissell * & Brook; Don W. Fowler, * [UNPUBLISHED] * Appellees. * _ Submitted: November 15, 1999 Filed: November 23, 1999 _ Before McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. Howard Darrell Ogle and Marjorie Ogle appeal the
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 99-1644 ___________ Howard Darrell Ogle; Marjorie Ogle, * * Appellants, * * Appeal from the United States v. * District Court for the Western * District of Missouri. A.D.M. Milling Company; Lord, Bissell * & Brook; Don W. Fowler, * [UNPUBLISHED] * Appellees. * ___________ Submitted: November 15, 1999 Filed: November 23, 1999 ___________ Before McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. Howard Darrell Ogle and Marjorie Ogle appeal the district court's Federal Rule of Civil Procedure 12(b)(6) dismissal of the Ogles' claims to recover state law damages for abuse of process and prima facie tort. We review the grant of a motion to dismiss under a well-established standard. Because this is a diversity action, we review de novo questions of state law. Having reviewed the record and the parties' briefs, we are satisfied the district court correctly applied the controlling state law and the record supports the district court's ruling. We also conclude a comprehensive opinion in this diversity case would lack precedential value. We thus affirm on the basis of the district court's ruling without further discussion. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Source:  CourtListener

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