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United States Court of Appeals, Eighth Circuit.

Michael SMITH Plaintiff-Appellant v. REPUBLIC SERVICES, INC.; Wholly Owned Subsidiaries Operating Landfill Allied Services, LLC, doing business as Republic Services of Bridgeton, doing business as Allied Waste Services of Bridgeton Defendants-Appellees

No. 17-3327

Decided: October 12, 2018

Before LOKEN, COLLOTON, and STRAS, Circuit Judges. Donald William Crank, II, Law Firm of Donald W. Crank, Saint Louis, MO, for Plaintiff-Appellant William Garland Beck, Allyson Elisabeth Cunningham, Peter Flint Daniel, Patricia L. Silva, Lathrop & Gage, Saint Louis, MO, for Defendants-Appellees


Michael Smith appeals the dismissal of his second amended complaint, which alleged state-law claims for nuisance and negligence and a federal claim under the Comprehensive Environmental Response, Compensation, and Liability Act. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that the district court 1 did not err in dismissing Smith’s second amended complaint. See Fed. R. Civ. P. 8(a), 10(b), 12(b)(6).

We affirm the judgment of the district court. See 8th Cir. R. 47B.


1.   The Honorable Catherine D. Perry, United States District Judge for the Eastern District of Missouri.


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