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WHOLE HEALTH CHIROPRACTIC v. HUMANA MEDICAL PLAN

No. 00-13754.

254 F.3d 1317 (2001)

WHOLE HEALTH CHIROPRACTIC & WELLNESS, INC., on its own behalf and on behalf of a similarly situated class, Plaintiffs-Appellees, v. HUMANA MEDICAL PLAN, INC. and Humana Health Insurance Company of Florida, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 28, 2001.

Attorney(s) appearing for the Case

Cindy Lea Ebenfeld, Ralph Oliver Anderson, Hicks, Anderson & Kneale, P.A., Miami, FL, for Defendants-Appellants.

Maloy Castro Morales, John H. Ruiz, P.A., Miami, FL, for Plaintiffs-Appellees.

Before TJOFLAT and WILSON, Circuit Judges, and RESTANI, Judge.

WILSON, Circuit Judge:

This appeal raises an issue of first impression in this circuit — whether the Federal Removal Statute, 28 U.S.C. § 1441 et seq., permits a district court's sua sponte remand of a case because of a defect in the removal procedure. Aligning ourselves with those of our sister circuits that have previously decided this issue, we conclude that such action is not permitted as it falls outside the scope of 28 U.S.C. §...

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