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McHUGH v. PHYSICIANS HEALTH PLAN OF GREATER ST. LOUIS, INC.

No. 4:96CV662 CDP.

953 F.Supp. 296 (1997)

Pat McHUGH, Plaintiff, v. PHYSICIANS HEALTH PLAN OF GREATER ST. LOUIS, INC., et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

February 6, 1997.

Attorney(s) appearing for the Case

Robert F. Ritter, John G. Simon, Jeffrey J. Lowe, Gray and Ritter, John J. Carey, Joseph P. Danis, Carey and Danis, St. Louis, MO, for plaintiff Pat McHugh.

Tammy S. King, Charles A. Newman, Roman P. Wuller, Diane M. Hoelzl, St. Louis, MO, for defendants Physicians Health Plan of Greater St. Louis, Inc., and Physicians Health Plan of Midwest, Inc.

MEMORANDUM AND ORDER

PERRY, District Judge.

This matter is before the Court on plaintiff's motion to remand and on defendants' motion to dismiss. Plaintiff asserts that defendants failed to timely file their notice of removal from state court and, alternatively, that there is no basis for federal jurisdiction in this matter under the Employee Retirement Income Security Act, as alleged in the removal notice. The defendant disputes both contentions...

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