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MICHAELIS v. NEBRASKA STATE BAR ASS'N

No. 83-1766.

717 F.2d 437 (1983)

Ken L. MICHAELIS (formally known as Kenneth L. Michaelis) and Iona Rae Michaelis; Rory Lee Michaelis, a Minor, by Ken L. Michaelis, his father and next friend, and Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, his father and next friend, Appellants, v. The NEBRASKA STATE BAR ASSOCIATION, a Nebraska Association, and Homer Ed Hurt, Jr.; James Egley; Kenneth Olds; Pliny M. Moodie; Robert D. Moodie; John M. Thor, Jr.; Stanley P. Gushard; William E. Webster, all Nebraska lawyers and members of the Nebraska State Bar Association; Richard P. Garden, a Nebraska lawyer and member of the Nebraska State Bar Association; Lucille Toelle; Norris Maack; Richard Lindberg; Gwen Lindberg, d/b/a West Point News; Theodore M. Huettmann and Gladys M. Huettmann, d/b/a Wisner News-Chronicle; The Norfolk Daily News; Fremont Tribune; Lincoln Journal newspaper; Omaha World Herald Company, owner-publisher of Omaha World Herald newspapers; The Associated Press Wireservices and Paul Douglas, Appellees. Ken L. MICHAELIS (formally known as Kenneth L. Michaelis) and Iona Rae Michaelis; Rory Lee Michaelis, a Minor, by Ken L. Michaelis, his father and next friend, Kyle Lee Michaelis, a Minor, by Ken L. Michaelis, his father and next friend, and Kari Lynn Michaelis, a Minor, by Ken L. Michaelis, her father and next friend, Appellants, v. Norman M. KRIVOSHA; Leslie Boslaugh; William C. Hastings; Hale McCown; Donald Brodkey; Lawrence M. Clinton (deceased); Edward Asche; Dixon G. Adams; Pliny M. Moodie; Robert D. Moodie; Homer Ed Hurt, Jr.; Stanley P. Gushard; Kenneth Olds; James Egley; John M. Thor, Jr.; William E. Webster, all being members of the Nebraska State Bar Association; The Nebraska State Bar Association, a Nebraska Association consisting of all licensed Nebraska lawyers, all Nebraska lawyers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1983.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., Michael McGill, Robert L. Lepp, of McGill, Koley, Parsonage & Lanphier, P.C., Charles F. Gotch and Dennis R. Riekenberg, of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for appellees.

Rory Lee Michaelis and Ken L. Michaelis, pro se.

Before HENLEY, Senior Circuit Judge, and JOHN R. GIBSON and FAGG, Circuit Judges.

PER CURIAM.

This is a consolidated appeal from the district court's dismissal of civil rights complaints. On appeal the issue is whether the district court properly dismissed the complaints with prejudice for refusal to comply with the Federal Rules of Civil Procedure and for lack of subject matter jurisdiction. Having considered the record, we affirm.

Appellant Ken L. Michaelis was disbarred for his actions during his 1978 campaign for County Attorney of...

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