Loyd Brewer v. Travis O. Lee , 6 F. App'x 513 ( 2001 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-3796
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Loyd Brewer, *
*
Appellant, *
*
Alan Brewer, *
*
Intervenor-Appellant, *
*
v. *
*
Travis O. Lee, Husband; Kathleen D. *
Lee, Wife; The Farm Service Agency, *
by its director, Michael Dunaway, *
*
Appellees. *
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Appeals from the United States
No. 00-1678 District Court for the
__________ Eastern District of Arkansas.
Loyd Brewer, *
*
Plaintiff, *
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Alan Brewer, * [UNPUBLISHED]
*
Intervenor-Appellant, *
*
v. *
*
Travis O. Lee, Husband; Kathleen D. *
Lee, Wife; Farm Service Agency; *
Michael Dunaway, Director, *
*
Appellees. *
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Submitted: February 2, 2001
Filed: March 28, 2001
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Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
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PER CURIAM.
In case 99-3796, Loyd Brewer appeals the district court’s1 order granting
defendants’ motion to dismiss his quiet-title action. Because most of his claims were
identical to those previously resolved in bankruptcy court and affirmed on appeal, or
arose from the same nucleus of operative facts, we agree with the district court that res
judicata barred all but one claim in the instant action. See Costner v. URS Consultants,
Inc., 153 F.3d 667, 673 (8th Cir. 1998) (elements of res judicata). We also agree with
the court’s conclusion that Brewer’s remaining claim, adverse possession, failed as a
matter of law. See United States v. California, 332 U.S. 19, 39-40 (1947) (rejecting
argument that adverse possession applied against federal government). Accordingly,
we affirm the judgment of the district court.
In case 00-1678, Alan Brewer appeals the district court’s order granting
defendants’ motion to dismiss his complaint in intervention in his father’s quiet-title
1
The Honorable James Maxwell Moody, United States District Judge for the
Eastern District of Arkansas.
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action. Having carefully reviewed the record and the parties’ submissions on appeal,
we affirm the judgment of the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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