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DITTMER PROPERTIES, L.P. v. F.D.I.C.

Nos. 12-1327, 12-1329.

708 F.3d 1011 (2013)

DITTMER PROPERTIES, L.P., Plaintiff-Appellant v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Premier Bank, Jefferson City, Missouri; Cathy Richards, Successor Trustee of the Peters Family Trust u.t.a. Restated September 27, 2007, Assignee of a Fifty Percent General Partnership Interest in Barkley Center General Partnership Derived Origin; Cathy Richards, Defendants-Appellees. Buford Farrington; Dittmer Holdings, L.L.C.; Barkley Center Holdings, L.L.C.; UMB Bank, N.A., Plaintiffs-Appellants v. Cathy Richards, Successor Trustee of the Peters Family Trust and Successor Personal Representative of the Estate of John Peters; CADC/RADC Venture 2011-1, L.L.C., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2013.

Attorney(s) appearing for the Case

Thomas M. Schneider , argued and on the brief, Columbia, MO, for appellants.

William L. Sauerwein , argued, Michael C. Schroer , Anne Johnston Kelly , on the brief, Saint Louis, MO, for appellees.

Before WOLLMAN, BEAM, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Buford Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representative to the Estate of...

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