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BEREN v. ROPFOGEL

No. 92-3445.

24 F.3d 1226 (1994)

Janis BEREN, Gercene Pollock, Ilene Taubman, Plaintiffs-Appellants, v. Leonard M. ROPFOGEL, Sonya A. Ropfogel, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 17, 1994.

Attorney(s) appearing for the Case

James W. Morris, III (James U. White, Jr. and Linda G. Kaufmann also of White, Coffey, Galt & Fite, with him on the briefs), Oklahoma City, OK, for plaintiffs-appellants.

Thomas D. Kitch (David G. Seely, also of Fleeson, Gooing, Coulson & Kitch, with him on the brief), Wichita, KS, for defendants-appellees.

Before LOGAN and MOORE, Circuit Judges, and KANE, District Judge.

LOGAN, Circuit Judge.

Plaintiffs Janis Beren, Gercene Pollock and Ilene Taubman appeal a district court order dismissing — for lack of subject matter jurisdiction and for failure to state a claim — their suit for damages. They alleged intentional interference with inheritance or gift and the "prima facie tort" of Restatement (Second) of Torts § 870 (1989) (general tortious conduct that intentionally causes harm). On appeal, plaintiffs argue...

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