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NIXON v. AGRIBANK, FCB

No. 11-3383.

686 F.3d 912 (2012)

Larry W. NIXON, Husband, individually and on behalf of all others similarly situated; Amy B. Nixon, Wife, individually and on behalf of all others similarly situated; Michael D. Lathem, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. AGRIBANK, FCB, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 25, 2012.

Attorney(s) appearing for the Case

Martin Wayne Bowen , Little Rock, AR, for appellants.

Mark G. Arnold , Thomas McKee Dee , Melissa Zigler Baris , St. Louis, MO, for appellee.

Before MURPHY, MELLOY, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

Plaintiffs, successors in title to land located in Van Buren County, Arkansas, brought a declaratory judgment action in Arkansas state court against AgriBank, FCB, seeking to quiet title to oil and gas rights that AgriBank holds in Plaintiffs' land. AgriBank removed the case to the United States District Court for the Eastern District of Arkansas and thereafter moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). The...

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