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KENNEDY v. FERGUSON

No. 11-3395.

679 F.3d 998 (2012)

John KENNEDY, Plaintiff-Appellant, v. Gibbs FERGUSON, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2012.

Attorney(s) appearing for the Case

J. Ray Baxter, Benton, AR, for Plaintiff-Appellant.

Charles Sidney Gibson, Dermott, AR, for Defendant-Appellee.

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

John Kennedy sued attorney Gibbs Ferguson in federal district court asserting diversity jurisdiction and alleging malpractice and constructive fraud related to Ferguson's handling of Kennedy's father's estate. The district court1 found the matter not yet ripe because the estate was still open, no final distribution of the estate had yet taken place, and Kennedy could still assert his rights in probate. We affirm...

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