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HOLBEIN v. TAW ENTERPRISES, INC.

No. 18-2892.

983 F.3d 1049 (2020)

Brendan HOLBEIN, Plaintiff-Appellant v. TAW ENTERPRISES, INC., doing business as Baxter Chrysler Dodge Jeep Ram of Bellevue, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 30, 2020.

Attorney(s) appearing for the Case

John Lyon Spray , Patricia L. Vannoy , Mattson & Ricketts, Lincoln, NE, for Plaintiff-Appellant.

Nathan D. Clark , Shawn D. Renner , Cline & Williams, Lincoln, NE, Tara A. Stingley , Cline & Williams, Omaha, NE, for Defendant-Appellant.

Before SMITH, Chief Judge, LOKEN, COLLOTON, GRUENDER, BENTON, SHEPHERD, KELLY, ERICKSON, GRASZ, STRAS, and KOBES, Circuit Judges, En Banc.

Brendan Holbein sued his former employer, TAW Enterprises, Inc., in Nebraska state court. TAW Enterprises removed the action to federal court and moved to dismiss for failure to state a claim. See generally Fed. R. Civ. P. 12(b)(6). The district court1 dismissed the action with prejudice...

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