United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 97-2565 ___________

James H. Cody, * * Appellant, * * v. * * Appeal from the United States Hillary B. Zimmerman; McPherson * District Court for the Land, L.P.; Gerard T. Carmody; * Eastern District of Missouri. Matthew D. Richardson; Missouri Title * Guaranty Company, * [UNPUBLISHED] * Appellees. * ___________

Submitted: December 3, 1997 Filed: December 16, 1997 ___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

James H. Cody appeals from the order of the District Court1 dismissing his complaint without prejudice for failing to state a claim. After carefully reviewing the

1 The Honorable Thomas C. Mummert III, United States Magistrate Judge for the Eastern District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c) (1994). record and the parties& briefs, we affirm the District Court&s judgment. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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