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CHRISTOPHERSON v. BUSHNER

No. 21-2441.

34 F.4th 1123 (2022)

Derek CHRISTOPHERSON; Jennifer Christopherson, Plaintiffs-Appellants v. Robert BUSHNER; Connie Bushner; Federal Emergency Management Agency; Inez Pahlmann; Missouri Ozarks Realty, Inc.; John Doe; Stantec Consulting Services, Inc.; Atkins North America, Inc.; Dewberry Engineers, Inc.; Corelogic Flood Services, LLC, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2022.

Attorney(s) appearing for the Case

Nicholas Austin Fax , Lowther & Johnson, Springfield, MO, Nicole D. Lindsey , Kory D. Stubblefield , Stubblefield Law, LLC, Springfield, MO, for Plaintiffs-Appellants.

Robert Bushner, Lady Lake, FL, Pro Se.

Connie Jo Bushner, Lady Lake, FL, Pro Se.

Cynthia Jean Hyde , Assistant U.S. Attorney, U.S. Attorney's Office, Springfield, MO, for Defendant-Appellee Federal Emergency Management Agency.

Jeffrey Joseph Brinker , Senior Attorney, Bridgette Nicole Fu , Jennifer Howell , Brinker & Doyen, Saint Louis, MO, for Defendants-Appellees Inez Pahlmann, and Missouri Ozarks Realty, Inc.

Ross D. Ginsberg , Anna Idelevich , Weinberg & Wheeler, Atlanta, GA, for Defendants-Appellees Stantec Consulting Services, Inc., Atkins North America, Inc., and Dewberry Engineers, Inc.

Mark A. Olthoff , Phillip James Richard Zeeck , Polsinelli, PC, Kansas City, MO, for Defendant-Appellee Corelogic Flood Services, LLC.

Before SMITH, Chief Judge, BENTON and KELLY, Circuit Judges.

In their petition for panel rehearing, the Christophersons now argue that they should be allowed to amend their complaint. They previously did not seek this alternative relief on appeal. Because the Christophersons did not raise this ground for relief earlier, they waived the issue. See Ames v. Nationwide Mut. Ins. Co.,

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