FRIDERES v. SCHILTZ

No. 96-2527.

113 F.3d 897 (1997)

Linda FRIDERES, Appellee, Dean Frideres; Mollie Baas, by her next friend, Linda Frideres; Danielle Frideres, by her next friend, Linda Frideres, Plaintiffs, v. Marlin SCHILTZ; Kathryn Schiltz; Kenneth Schiltz, Appellants, Richard Schiltz, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1997.


Attorney(s) appearing for the Case

Iris Eileen Muchmore, argued, Cedar Rapids, IA (Webb L. Wassmer, James Arthur Gerk and Leonard T. Strand, on the brief), for appellants.

Roxanne Barton Conlin, argued, Des Moines, IA, for appellee.

Before MAGILL, BEAM, and LOKEN, Circuit Judges.


BEAM, Circuit Judge.

Defendants Marlin, Kathryn and Kenneth Schiltz appeal the district court's denial of their motions for summary judgment in this diversity action for damages. We reverse.

I. BACKGROUND

Because this case is before us on appeal from the denial of a motion for summary judgment, we review the facts in the light most favorable to the nonmoving party, Frideres. Plough v. West Des Moines...

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