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MIENER v. MISSOURI DEPT. OF MENTAL HEALTH

Nos. 94-3165, 94-3168.

62 F.3d 1126 (1995)

Terri Ann MIENER, By and Through her Guardian and next friend Clyde J. MIENER; Clyde J. Miener, as Guardian and Conservator of the estate of Terri Ann Miener, Appellees, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Appellant. Terri Ann MIENER, By and Through her Guardian and next friend Clyde J. MIENER; Clyde J. Miener, as Guardian and Conservator of the estate of Terri Ann Miener, Appellants, v. MISSOURI DEPARTMENT OF MENTAL HEALTH, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 18, 1995.

Rehearing Denied September 29, 1995.

Attorney(s) appearing for the Case

Robert Presson (argued), Jefferson City, MO, for appellant.

Stephen Leonard (argued), Clayton, MO, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

Clyde J. Miener brought this action on behalf of his mentally handicapped daughter, Terri, to enforce a settlement agreement reached in an earlier federal lawsuit, Miener v. New York Life Ins. Co., No. 83-2411-C(1) (E.D.Mo. Oct. 2, 1985). In the earlier lawsuit, Miener sued his health insurer and the insurer filed a third-party complaint alleging the Missouri Department of Mental Health (MDMH) was obligated under Missouri law to provide...

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