James R. Betts v. Arel W. Allred

U.S. Court of Appeals for the Eighth Circuit

James R. Betts v. Arel W. Allred

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT __________

No. 98-3189 __________

James R. Betts, also known as Jake * Betts, * * Appellant, * * v. * * Arel W. Allred, also known as Shorty * Allred, in his individual capacity, & as * the agent and alter ego of Rawhide * Western, a State of Wyoming * Corporation; S. Elaine Allred, in her * individual capacity, & as the agent and * alter ego of Rawhide Western, a State * Appeals from the United States of Wyoming Corporation; Homer * District Court for the Austin, doing business as Homer * District of Nebraska. Austin Petroleum Engineer, in his * [UNPUBLISHED] individual capacity and, * * Appellees, * * Craig Clayton, in his individual * capacity & as agent and counselor for * the interest of the defendant&s Allred * and Coble, * * Defendant, * * Vickie Coble, in her individual capacity * & as agent and alter ego of Rawhide * Western Inc., a State of Wyoming * Corporatoin; Thomas J. Cowan, in his * individual capacity and as the agent, * alter ego, beneficiary and general * partner of Cowan Oil Company, a * Colorado General Partnership and in * his capacity as general partner in * Kloxin & Seward Enterprises, a * Colorado general partnership, * * Appellees, * * Jack E. Lenhart, in his individual * capacity & as the agent, advisor & * auditor for defendants Allred & * Coble, * * Defendant, * * George H. Ottenhoff, in his individual * capacity, agent & counselor for Thomas * J. Cowan &/or Thomas J. Cowan as the * agent, alter ego & general partner in * Cowan Oil Co., et al & as associates * &/or partners in Lind, Lawrence & * Ottenhoff, a State of Colorado entity, * * Appellees, * * George Jensen, in his individual * capacity & as the agent & counselor for * Thomas J. Cowan; Thomas F. Popp, * doing business as TP Productions Co., * doing business as Natcom Petroleum * Limited Liability Company, in his * individual capacity & Christopher M. * Sullivan, doing business as Natcon * Petroleum Limited Liability Company, *

-2- in his individual capacity & as agent & * counselor for Eric Berolzheimer, Amy * Colo, Tom Colo, Glenn N. Gintz, * William Goldman, Joseph E. Keotola, * Alan Leibowitz, Rick Ogletree, Fred * Warren & William Warren; Richard R. * Wilking, in his individual capacity & as* agent & counsel for defendants Allred * & Coble; Stephen Winship, doing * business as Winship & Winship, in his * individual capacity; Donaald Winship, * doing business as Winship & Winship, * in his individual capacity & as agents * & counselor for Rawhide Western, Inc., * * Defendants, * * Edgar Young, in his individual capacity * & as the agent & counselor for Thomas * J. Cowan; Farrell Dennis McAtee; * Phillip Lowery; Scurlock Permian * Corporation; Texaco Trading and * Transportation Company, * * Defendant. *

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No. 98-3673 _________

James R. Betts, * * Appellant, * * v. * *

-3- Loren Hoekema, in his individual * capacity doing business as Hoekema * Engineering Inc., * * Appellee. *

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Submitted: October 7, 1999

Filed: October 13, 1999 ___________

Before WOLLMAN, Chief Judge, BOWMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

In these consolidated appeals, James R. Betts appeals orders dismissing his complaints with prejudice after he failed to submit amended complaints which complied with the district courts’ orders and the pleading requirements of Federal Rule of Civil Procedure 8(a). We have carefully reviewed the record and the parties’ briefs in Appeal No. 98-3189, and conclude the district court1 did not abuse its discretion. See Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1988) (standard of review), cert. denied, 488 U.S. 1013 (1989). We deny defendants’ motion for sanctions and Betts’s motions on appeal. As to Appeal No. 98-3673, we also conclude after careful review that the district court2 did not abuse its discretion. See 8th Cir. R. 47B.

1 The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska. 2 The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska, adopting the report and recommendations of the Honorable David L. Piester, United States Magistrate Judge for the District of Nebraska. -4- The judgments are affirmed.

A true copy.

Attest:

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

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Reference

Status
Unpublished