James Kenner v. Richmond Heights, No. 05-2006 (8th Cir. 2006)

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Court Description: Civil case - Settlements. District court properly concluded the parties had reached a settlement agreement on all material terms, and the court did not err in enforcing the settlement agreement.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2006 ___________ James B. Kenner, Appellant, v. City of Richmond Heights, Appellee. * * * * Appeal from the United States * District Court for the * Eastern District of Missouri. * * [UNPUBLISHED] * ___________ Submitted: September 13, 2006 Filed: September 14, 2006 ___________ Before RILEY, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. James B. Kenner appeals the district court s1 grant of the City of Richmond Heights s motion to dismiss his action based on a prior settlement agreement, arguing the parties had not reached an agreement on all the material terms of their settlement. Upon our careful review of the record and the appellate submissions, we hold that the district court properly concluded that the parties had reached an agreement on all material terms. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.

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