John Zapata v. Sircal-Kozeny-Wagner, et al

Filing 920100203

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 09-1607 ___________ State of Missouri for the Use and Benefit of MWE Services, Inc., doing business as Midwest Demolition Company, * * * * * Plaintiff, * * Appeal from the United States John Zapata, * District Court for the * Western District of Missouri. Appellant, * * [UNPUBLISHED] v. * * Sircal-Kozeny-Wagner, a joint * venture; Continental Casualty * Company; Travelers Casualty and * Surety Company of America, * * Appellees. * ___________ Submitted: January 21, 2010 Filed: February 3, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM.

John Zapata appeals the district court's1 adverse grant of summary judgment in this diversity suit. After careful de novo review, viewing the evidence and all fair inferences from it in a light most favorable to Zapata, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we conclude that summary judgment was proper, for the reasons stated by the district court. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny appellees' motion to strike portions of Zapata's reply brief. ______________________________

The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri. -2-

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