Glenn S. Cohen v. Beachside Two-I, et al

Filing 920080409

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 06-2997 ___________ Glenn S. Cohen, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. Beachside Two-I Homeowners' * Association; Fredrick R. Krietzman; * [UNPUBLISHED] Felhaber, Larson, Fenlon & Vogt, a * Professional Association; U.S. * Bancorp, doing business as U.S. * Bank Home Mortgage, * * Appellees. * ___________ Submitted: April 3, 2008 Filed: April 9, 2008 ___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Glenn S. Cohen appeals the district court's1 adverse grant of summary judgment in his lawsuit brought under the Fair Debt Collection Practices Act and state law. Having conducted de novo review of the record and the district court's construction The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.
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of state law, see Cross v. Monett R-I Bd. of Educ., 431 F.3d 606, 610 (8th Cir. 2005), we find no basis for reversal. Accordingly, we affirm, see 8th Cir. R. 47B, but we modify the dismissal of the breach-of-contract claims against Beachside Two-I Homeowners' Association to be without prejudice, see Labickas v. Ark. State Univ., 78 F.3d 333, 334-35 (8th Cir. 1996) (per curiam). ______________________________

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