Joeffre Kolosky v. Nationwide Life Insurance, No. 10-1909 (8th Cir. 2010)

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Court Description: Civil Case - diversity. Dismissal of suit on state-law res judicata grounds was proper.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1909 ___________ Joeffre Kolosky, * * Appellant, * Appeal from the United States * District Court for the v. * District of Minnesota. * Nationwide Life Insurance Company, * [UNPUBLISHED] * Appellee. * ___________ Submitted: September 22, 2010 Filed: October 5, 2010 ___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges. ___________ PER CURIAM. Joeffre Kolosky appeals the district court s1 dismissal of his diversity action in which he alleged that Nationwide Life Insurance Company improperly denied coverage under an insurance contract. After careful de novo review, see Banks v. Int l Union Elec., Elec., Technical, Salaried & Mach. Workers, 390 F.3d 1049, 1052 (8th Cir. 2004), we conclude that dismissal of the suit on Minnesota-law res judicata 1 The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota. grounds was proper, see Brown-Wilbert, Inc. v. Copeland Buhl & Co., 732 N.W.2d 209, 220 (Minn. 2007) (res judicata factors). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ -2-

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