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RODAS v. SEIDLIN

No. 09-3760.

656 F.3d 610 (2011)

Gloria L. RODAS, Plaintiff-Appellant, v. John SEIDLIN, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Margaret Mary O'Leary (argued), Attorney, Chicago, IL, for Plaintiff-Appellant.

Craig L. Unrath (argued), Attorney, Heyl, Royster, Voelker & Allen, Peoria, IL, Deborah Marie Rusoff O'Brien (argued), Attorney, Lowis & Gellen LLP, Chicago, IL, for Defendants-Appellees.

Monica Mallory , Attorney, Office of the United States Attorney, David P. Faulkner , Attorney, Faulkner Law Firm, LLC, Rockford, IL, for Defendants.

Dana Kaersvang (argued), Attorney, Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae.

Before BAUER, FLAUM and WILLIAMS, Circuit Judges.

FLAUM, Circuit Judge.

Gloria Rodas's appeal presents an important question about the meaning of a provision of the Illinois Good Samaritan Act, 745 ILCS 49/1 et seq., in a case that was removed to federal court under the federal officer removal statute, 28 U.S.C. § 1442. The state-law question is whether and under what circumstances the protections of the Good Samaritan Act turn on the business model physicians use to charge patients for emergency services...

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