U.S. Court of Appeals for the Eighth Circuit, 2008

Cohen v. Beachside Two-I Homeowners' Ass'n

Cohen v. Beachside Two-I Homeowners' Ass'n
U.S. Court of Appeals for the Eighth Circuit · Decided April 9, 2008 · Murphy, Colloton, Shepherd
272 F. App'x 534

Cohen v. Beachside Two-I Homeowners' Ass'n

Opinion

[UNPUBLISHED]

PER CURIAM.

Glenn S. Cohen appeals the district court’s 1 adverse grant of summary judgment in his lawsuit brought under the Fair Debt Collection Practices Act and state law. Having conducted de novo review of the record and the district court’s construction of state law, see Cross v. Monett R-I Bd. of Educ., 431 F.3d 606, 610 (8th Cir. 2005), we find no basis for reversal. Accordingly, we affirm, see 8th Cir. R. 47B, but we modify the dismissal of the breach-of-contract claims against Beach-side Two-I Homeowners’ Association to be without prejudice, see Labickas v. Ark. State Univ., 78 F.3d 333, 334-35 (8th Cir. 1996) (per curiam).

1

. The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota.

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