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HOHN v. SPURGEON

No. 07-1087.

513 F.3d 827 (2008)

Roger HOHN, formerly d/b/a Sioux Falls Advanced Physical Therapy, Appellant, v. Stephen SPURGEON, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 23, 2008.

Attorney(s) appearing for the Case

Stephanie E. Pochop, argued, Gregory, SD (Arlie Brende, on the brief, Sioux Falls, SD), for appellant.

Jennifer Lynn Wollman, argued, Sioux Falls, SD (Kristine Kreiter O'Connell, on the brief), for appellee.

Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Roger Hohn, a South Dakota resident and the former owner of Sioux Falls Advanced Physical Therapy ("SFAPT" or "the clinic"), appeals from the district court's grant of summary judgment in favor of Dr. Stephen Spurgeon, an Iowa resident and a former Vice President/Medical Director for Wellmark, Inc., and denial of his motion to amend his complaint. The district court had diversity jurisdiction pursuant to 28 U.S.C. § 1332. For the reasons...

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