Joshua Bldg. Trust v. Clementi, 95-1975

• Decision Date: 12 March 1996
• Docket Number: No. 95-1975,95-1975
• Citation: Joshua Bldg. Trust v. Clementi, 78 F.3d 588 (8th Cir. 1996)
• Parties: NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well. JOSHUA BUILDING TRUST; Appellant, Joe R. BROOKS, Trustee, Plaintiff, v. Kimberly CLEMENTI, in her capacity as Revenue Officer; Internal Revenue Service, an agency promulgated by law, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 588

78 F.3d 588

NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that they are not precedent and generally should not be cited unless relevant to establishing the doctrines of res judicata, collateral estoppel, the law of the case, or if the opinion has persuasive value on a material issue and no published opinion would serve as well.

JOSHUA BUILDING TRUST; Appellant Joe R. BROOKS, Trustee, Plaintiff, v. Kimberly CLEMENTI, in her capacity as Revenue Officer Internal Revenue Service, an agency promulgated by law, Appellees.

No. 95-1975.

United States Court of Appeals, Eighth Circuit.

Submitted March 7, 1996.

Filed March 12, 1996.

W.D.Mo.

AFFIRMED.

Appeal from the United States District Court for the Western District of Missouri.

Before FAGG, BOWMAN, and HANSEN, Circuit Judges.

PER CURIAM.

Joshua Building Trust (JBT) appeals the district court's order dismissing its complaint without prejudice. We affirm.

Joe R. Brooks, JBT's trustee, filed a complaint alleging the Internal Revenue Service (IRS) and an IRS employee had violated the trust's constitutional rights. The district court dismissed the complaint without prejudice because the trust was not represented by a licensed member of the bar.

A non-lawyer trustee may not represent a trust pro se in federal court. Knoefler v. United Bank of Bismarck, 20 F.3d 347, 348 (8th Cir.199...