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JOHNSON v. ARDEN

No. 09-2601.

614 F.3d 785 (2010)

Susan JOHNSON; Robert Johnson; Cozy Kittens Cattery LLC, Appellants, v. Elizabeth ARDEN, dba Complaints-Board.com; Michelle Reitenger; ComplaintsBoard.com, InMotion Hosting Inc.; Melanie Lowry; Kathleen Heineman, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2010.

Attorney(s) appearing for the Case

David M. Duree, argued, O'Fallon, IL, for appellant.

Christopher Gonzalez, argued, Glendale, CA, Raymond E. Probst, on the brief, Kansas City, MO, for appellee InMotion Hosting.

Stacey R. Gilman, Kansas City, MO, on the brief, for appellee Kathleen Heineman.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Susan and Robert Johnson filed a state civil suit making multiple claims against several defendants as a result of allegedly defamatory statements posted on an internet discussion board. The defendants removed the case to federal court. The original complaint included six defendants; however, the Johnsons located and served only InMotion Hosting, Inc. ("InMotion"), Melanie Lowry, and Kathleen Heineman.

The district court

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