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FGS CONSTRUCTORS, INC. v. CARLOW

No. 95-1164.

64 F.3d 1230 (1995)

FGS CONSTRUCTORS, INC., Appellant, v. Michael CARLOW, doing business as Carlow Enterprises; Carole Oberlitner; Carl Oberlitner; United States of America; Bureau of Indian Affairs, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 5, 1995.

Attorney(s) appearing for the Case

George E. Grassby, Rapid City, SD, argued for Carl and Carole Oberlitner.

Jennifer H. Zacks, Asst. Atty. Gen., Washington, DC, argued (Barbara Biddle, on the brief), for U.S.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and LOKEN, Circuit Judge.

BRIGHT, Senior Circuit Judge.

I. INTRODUCTION

FGS Constructors, Inc. (FGS) appeals the district court's granting of summary judgment in favor of the United States. In addition, FGS appeals the district court's granting of Michael Carlow's, Carole Oberlitner's and Carl Oberlitner's motions to dismiss, and denying FGS's motions to amend its complaint and to extend discovery. For the reasons that follow, we affirm in part and reverse in part.

II. BACKGROUND...

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