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KUELBS v. HILL

No. 09-2697.

615 F.3d 1037 (2010)

Kristin Hill Brasser KUELBS; Kristin N. Kuelbs Irrevocable Trust, Appellants, v. Kimberly HILL; Jeffrey Hill; Carol Hill; Lynn Welk (Hill); Lawrence Welk, Jr.; Ryan Benson; American Century Services, LLC; American Century Investments; Rita Abernathy; Anne Tuttle; John Does 1-10, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2010.

Attorney(s) appearing for the Case

Donald C. Hill, argued, Hot Springs, AR, for appellant.

Justin Byrum Hurst, presented rebuttal, Hot Springs, AR, for appellants.

Andrew King, argued, J. Carter Fairley, G. Spence Fricke, Michael Lee Wright and Jess Askew, III, on the brief, Little Rock, AR, for appellees, Benson, American Century, Abernathy, and Tuttle.

Tylar Tapp, III, argued, Hot Springs, AR, for appellees, Hill and Welk.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

Kristin Kuelbs and the Kristin N. Kuelbs Irrevocable Trust appeal the dismissal of the claims they brought against several defendants alleging embezzlement of Kuelbs's assets. The claims brought by Kuelbs were dismissed because the district court1 determined she was not the proper party to pursue the action due to her incompetency, and she did not move to substitute the proper party after being put on notice of the...

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