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MINCH FAMILY LLLP v. ESTATE OF NORBY

No. 10-2241.

652 F.3d 851 (2011)

MINCH FAMILY LLLP, Appellant, v. ESTATE OF Gladys I. NORBY; Robert N. Norby, Individually and as Personal Representative of the Estate of Gladys I. Norby, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 29, 2011.

Attorney(s) appearing for the Case

Mark R. Hanson, argued, Fargo, ND, for appellant.

Zenas Baer, argued, Hawley, MN, for appellees.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Minch Family LLLP ("Minch Family") sued the Estate of Gladys I. Norby and Robert N. Norby (collectively, "the Norbys") in diversity, seeking injunctive relief and damages for flooding of the Minch Family's property, allegedly caused by a field dike built on the Norbys' land. The magistrate judge1 denied the Minch Family's motion to amend its complaint to add a claim for punitive damages and its motion to amend the...

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