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HAMMERICH v. AETNA U.S. HEALTHCARE, INC.

No. 8:01-CV-1187-T-30MSS.

209 F.Supp.2d 1282 (2002)

Richard H. HAMMERICH; Roberta Susan Hammerich, Plaintiffs, v. AETNA U.S. HEALTHCARE, INC., Defendant.

United States District Court, M.D. Florida, Tampa Division.

May 29, 2002.

Attorney(s) appearing for the Case

Thomas E. Mooney, Meyers, Mooney, Stanley, Hollingsworth & Colvin, Orlando, FL, John V. Tucker, Anderson & Tucker, St. Petersburg, FL, for Richard H. Hammerich, Roberta Susan Hammerich, his wife, plaintiffs.

Andres Gonzalez, Law Office of Steven M. Ziegler, P.A., Hollywood, FL, for Aetna U.S. Healthcare, Inc., a corporation licensed to do business in the State of Florida, defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR REMAND

MOODY, District Judge.

This cause is before the Court upon the Defendant's Notice of Removal (Dkt.# 1) of Plaintiffs' State Court Complaint, Plaintiffs' Motion for Remand for Lack of Subject Matter Jurisdiction (Dkt.# 13) and Defendant's response thereto (Dkt.# 20). In the well-pleaded allegations of the Complaint, Plaintiffs do not seek "to recover benefits due under the terms of (the) plan, to enforce...

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