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STUTZKA v. McCARVILLE

No. 04-2208.

420 F.3d 757 (2005)

Tommy Joe STUTZKA, Guardian and Conservator for Carol A. Gibilisco, Plaintiff/Appellant, v. James P. McCARVILLE, as Conservator and Guardian of Cheryl A. Nord-McCarville; James Walters, doing business as Prestige Mortgage; Popular Financial Services, L.L.C., a Delaware limited liability company, Defendants/Appellees. Popular Financial Services, L.L.C., a Delaware limited liability company, Third Party Plaintiff, v. Lunnar Title & Escrow, doing business as LTS Title Services, Co., a Nebraska corporation, Third Party Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Rehearing and Rehearing Denied October 27, 2005.

Attorney(s) appearing for the Case

James Polak, argued, Omaha, NE, for appellant.

Todd W. Weidemann, argued, Omaha, NE (James E. Riha, Omaha, NE, on the brief), for appellee James Walters and Popular Financial Services.

Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 27, 2005.

WOLLMAN, Circuit Judge.

Tommy Joe Stutzka, guardian and conservator for Carol Gibilisco, appeals from the district court's judgment with respect to his claims against Popular Financial Services, L.L.C. (Popular). We affirm in part and reverse in part.

I.

Gibilisco is a widow in her sixties. She has been blind since birth and is developmentally disabled. Although she is articulate and...

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