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INSINGA v. LaBELLA

No. 86-5906.

845 F.2d 249 (1988)

John INSINGA, as Personal Representative of the Estate of Mildred Insinga, Deceased, Plaintiff-Appellant, v. Michelle LaBELLA, et al., Defendants. Humana, Inc., d/b/a Biscayne Medical Center, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 21, 1988.

Attorney(s) appearing for the Case

Freiden & Hirsch, P.A., Joel D. Eaton, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, Fla., for plaintiff-appellant.

Henry Burnett, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Daniel F. Beasley, Miami, Fla., for defendant-appellee.

Before HILL, Circuit Judge, HENDERSON, Senior Circuit Judge, and MURPHY, District Judge.

PER CURIAM:

John Insinga, as personal representative of the estate of his late wife Mildred, appeals from an order entered by the United States District Court for the Southern District of Florida directing a verdict against him and in favor of the defendant-appellee, Humana, Inc., d/b/a Biscayne Medical Center ("Humana" or "Biscayne"). We hold that the district court had jurisdiction of the case. However, because it appears that the substantive controversy involves...

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