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United States Seventh Circuit


BLUE CROSS v. CRUZ, 03-4170

In suit for reimbursement of health benefits, the district court erred in granted defendant's motion to dismiss for lack of subject matter jurisdiction where The Federal Employees Health Benefits Act preempts state law, and, therefore, federal common law controls.

Appellate Information

  • Argued 05/31/2007
  • Decided 01/24/2005
  • Published 01/24/2005

Judges

  • POSNER, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Anthony F. Shelley (argued), Miller & Chevalier, Washington, DC, for Plaintiffs-Appellants.

  • For Appellees:
  • Clinton A. Krislov, Michael R. Karnuth (argued), Krislov & Associates, Chicago, IL, for Defendant-Appellee.
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