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162095P.pdf   05/26/2017  Intl. Environmental Management  v.  United Corporate Services, Inc
   U.S. Court of Appeals Case No:  16-2095
   U.S. District Court for the Western District of Missouri - Jefferson City   
[PUBLISHED] [Loken, Author, with Beam and Benton, Circuit Judges] Civil Case - diversity. International Environmental Management terminated its contract with United Corporate Services, Inc. to provide registered agent services in Missouri. IEM later contracted with CT to serve as its new registered agent, but no change of registered agent form was filed with the Missouri Secretary of State. After a default judgment was entered against IEM for a lawsuit served on UCS for IEM and mailed to an old address, IEM sued UCS for breach of fiduciary duty and other causes of action. The district court's dismissal of the action against UCS on the ground that UCS's contractual and fiduciary duties ceased when IEM terminated USC as its agent is reversed on the breach of fiduciary duty claim, as the statutory duty as a registered agent did not terminate because the statutory agency was not revoked in accordance with the Missouri statute. The breach of contract and negligence claims have been waived. The district ocurt did not abused its discretion in dismissing the bailment and conversion claims, raised for the first time in its reply brief to a motion for reconsideration.