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427 F. App'x 823

Fukanova v. Mecerod

U.S. Courts of Appeals

Decided May 26, 2011

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U.S. Courts of Appeals · decided 2011-05-26

<p>Non-Argument Calendar.</p>

Decided 2011-05-26

PER CURIAM:

¶1 In a comprehensive order entered on November 15, 2010, the district court dismissed plaintiffs complaint under Fed. R. Civ. P 12(c) on the ground that plaintiff lacks capacity to bring this action as the executor of the Frank Mecerod Estate. Plaintiff appeals, arguing that the court erred in rejecting her argument that defendant’s challenge to her capacity to sue was waived and in refusing to hold that the Czech Republic Bilateral Investment Treaty rendered inapplicable Georgia’s ancillary probate requirement. For the reasons stated in the district court’s November 15 order, we find no merit in these arguments. The court’s judgment is accordingly

¶2 AFFIRMED.

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