United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 97-2493ND _____________

Alan T. Rouse, * * Appellant, * * v. * Appeal from the United States * District Court for the District Mutch Oil Co., Inc., a North Dakota * of North Dakota. Corporation; Mutch Oil Co., of Grand * Forks, Inc., a North Dakota corporation; * [UNPUBLISHED] Paul T. Mutch, an individual; Dolores * Mutch, an individual, * * Appellees. * _____________

Submitted: February 12, 1998 Filed: February 20, 1998 _____________

Before FAGG, JOHN R. GIBSON, and MURPHY, Circuit Judges. _____________

PER CURIAM.

Alan T. Rouse appeals from an adverse grant of summary judgment in this diversity action. We review the district court's summary judgment decision under a well- established standard. Because this is a diversity case, we review de novo questions of state law. After reviewing the record and the parties' briefs, we are satisfied the district court correctly applied relevant state law and the record supports the district court's decision that laches bars this claim. Additionally, Rouse's contention that the district court abused its discretion under Federal Rule of Civil Procedure 56(f) is meritless. We thus affirm the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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