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16-4098•Larry Rice v. Interfood, Inc.; Jason Medcalf; Dirk Neerhoff; Nick Sharp; F.C.G.M. (Frank) van Stipdonk
16-4098Court of Appeals for the Eighth CircuitJan 29, 2018
United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1886
___________________________
Larry Rice
lllllllllllllllllllll Plaintiff - Appellant
v.
Interfood, Inc.; Jason Medcalf; Dirk Neerhoff; Nick Sharp; F.C.G.M. (Frank) van Stipdonk
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Eastern District of Missouri - St. Louis
____________
Submitted: January 17, 2018
Filed: January 22, 2018
[Unpublished]
____________
Before GRUENDER, BOWMAN, and KELLY, Circuit Judges.
____________
PER CURIAM.
In this appeal in a diversity case, Larry Rice challenges the district court’s1
dismissal of his complaint and adverse grant of summary judgment as to Appellees’
The Honorable Henry E. Autrey, United States District Judge for the Eastern1
District of Missouri.
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counterclaim. Rice also challenges the district court’s order denying him leave to file
an amended complaint. Upon carefully reviewing the record and the parties’
arguments on appeal, we find no basis for reversal. See Schaaf v. Residential
Funding Corp., 517 F.3d 544, 549 (8th Cir. 2008) (dismissal under Fed. R. Civ. P.
12(b)(6) is reviewed de novo); see also Residential Funding Co. v. Terrace Mortg.
Co., 725 F.3d 910, 915 (8th Cir. 2013) (grant of summary judgment is reviewed de
novo). We also conclude that the district court did not abuse its discretion by denying
Rice leave to amend his complaint. See Kmak v. Am. Century Cos., 873 F.3d 1030,
1034 (8th Cir. 2017) (standard of review). Accordingly, we affirm. See 8th Cir. R.
47B.
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