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WALLACE v. WALLACE

No. 12-3912.

736 F.3d 764 (2013)

Michael M. WALLACE, Plaintiff-Appellant v. Claire Hayden WALLACE, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 20, 2013.

Attorney(s) appearing for the Case

Jim R. Bruce , II, argued, Kennet, MO, for Plaintiff-Appellant.

William Edward Reeves , argued, Carutherville, MO, for Defendant-Appellee.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat. § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and "surreptitiously open[ed] multiple credit cards in [his] name." Noting the Wallaces' pending...

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