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United States Seventh Circuit


Pollitt v. Health Care Serv. Co., 08-3509

In a dispute over health insurance benefits, district court's dismissal of plaintiff's claim as being preempted is reversed and remanded where the district court erred in allowing removal under 28 U.S.C. section 1441 and dismissing the suit as completely preempted when disputes over jurisdictional facts remain.

Appellate Information

  • Decided 03/10/2009
  • Published 03/10/2009

Judges

  • PER CURIAM., Before EASTERBROOK, Chief Judge, and ROVNER and EVANS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Juli A. Pollitt, Park City, IL, pro se., Michael A. Nash, Beach Park, IL, pro se.

  • For Appellees:
  • Anthony F. Shelley, Miller & Chevalier, Washington, DC, for Defendant-Appellee.
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