Civil Practice: Fraud-Statute of Limitations-Proper Party in Interest

Where in a dispute regarding an unpaid loan in which the district court entered judgment in favor of the estate of the woman who made the loan, the court correctly instructed the jury on the elements of fraudulent concealment under Nebraska law, and the relevant conduct fell within the limitations period, and the appellant’s argument that the estate was not the real party in interest was not timely raised, so the judgment is affirmed because the estate’s cross appeals also failed.

Judgment is affirmed.

Estate of Joyce Rosamond Petersen v. Bitters (MLW No. 74810/Case No. 18-3596 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of Nebraska. (Joel E. Feistner, Omaha, Nebraska, argued for appellant) (Robert J. Gaudet Jr., Seattle, Washington, argued for appellee).