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HORTON v. CONKLIN

No. 05-1199.

431 F.3d 602 (2005)

Thomas A. HORTON, Plaintiff-Appellee, v. Katherine A. CONKLIN; Norman S. Redhead; Stephen W. Templar; Defendants, Steven T. Waugh; Defendant-Appellant, Church of the Holy Cross Episcopal; National Epileptic Foundation; St. Philips Episcopal Church and Outreach; Alison Horton Waldrip; Caring Friends of Denver; Lee Graber; Sylvia Graber; Steven Asay, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 8, 2005.

Attorney(s) appearing for the Case

Ronald F. Weiszmann, argued, Denver, CO, appellee.

Barbara A. Micheels, argued, St. Louis, MO, for appellant.

Before LOKEN, Chief Judge, LAY, and BENTON, Circuit Judges.

LAY, Circuit Judge.

Steven Waugh appeals the decision of the district court1 remanding this case to state court for lack of federal subject matter jurisdiction and denying Waugh's motion to dismiss other defendants. We affirm.

I.

Thomas Horton, a citizen of Maine, brought a petition to construe a trust in the circuit court of Grundy County, Missouri. Horton named twelve defendants. Three of the named defendants reside...

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