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Bradley R. HARTKE; Douglas P. Hartke; Joan L. Hartke, individually and as Trustees of the Joan L. Hartke QTIP Marital Trust dated 7/12/1996 and as Trustees of the Robert Eugene Hartke Family Trust dated 7/12/1996; The Joan L. Hartke QTIP Marital Trust dated 7/12/1996; The Robert Eugene Hartke Family Trust dated 7/12/1996 Plaintiffs-Appellees v. WIPT, INC. Defendant Roger Dean Waldner Defendant-Appellant The One Stop, Inc.; RDW-KILT, Inc.; Community Bank Defendants
[Unpublished]
Bradley R. Hartke, Douglas P. Hartke, and Joan L. Hartke, individually and as trustees of Hartke-related trusts (collectively, Hartkes) filed an action in the United States District Court seeking a declaration that promissory notes they executed to entities owned by Roger Dean Waldner were unenforceable. Waldner counterclaimed, seeking recovery on the notes. All parties moved for judgment on the pleadings. The district court 1 denied Waldner’s motion for judgment on the pleadings and granted the Hartkes’ motion for judgment on the pleadings. Waldner appeals.2 We have jurisdiction, 28 U.S.C. § 1291, and review de novo the district court’s entry of judgment on the pleadings, Schnuck Markets, Inc. v. First Data Merchant Services Corp., 852 F.3d 732, 737 (8th Cir. 2017), and its interpretation and application of state law, Nolles v. State Committee for Reorganization of School Districts, 524 F.3d 892, 901 (8th Cir. 2008). Having carefully reviewed the parties’ briefs, the record, and the applicable legal principles, we find no reversible error in the district court’s disposition of this matter. Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
FOOTNOTES
1. The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
2. A separate appeal was filed by Waldner-owned entities in No. 17-3702.
PER CURIAM.
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Docket No: No. 17-3685
Decided: January 17, 2019
Court: United States Court of Appeals, Eighth Circuit.
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