United States Eighth Circuit

In an action alleging embezzlement of a trust's assets, the dismissal of the action is affirmed where: 1) the district court correctly determined that plaintiff was not the proper party to pursue the action due to her incompetency, and she did not move to substitute the proper party after being put on notice of the need for substitution; and 2) the tort claims plaintiff assigned to the trust were properly dismissed on the grounds they were not assignable under Arkansas law.

Appellate Information

• Decided 07/30/2010
• Published 07/30/2010

Judges

• Kermit M. Bye

Court

• United States Eighth Circuit

Counsel