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TINGEY v. PIXLEY-RICHARDS WEST, INC.

Nos. 89-15377, 89-15402 and 89-15452.

953 F.2d 1124 (1992)

Bradley D. TINGEY, husband; Amy E. Tingey, wife, Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellants, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation, Blue Cross & Blue Shield of Massachusetts, a foreign corporation, Defendants-Appellees. Bradley D. TINGEY, husband, Amy E. Tingey, wife, and Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellees, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation, Defendant-Appellant. Bradley D. TINGEY, husband, Amy E. Tingey, wife, Bradley D. Tingey, as guardian ad litem for Trevor F. Tingey, a minor, Plaintiffs-Appellees, v. PIXLEY-RICHARDS WEST, INC., a Massachusetts corporation, Roland "Buzz" Mosher, and Jane Doe Mosher, husband and wife, John Does I through V, White Corporation; Black Corporation, Defendants, and Blue Cross and Blue Shield of Massachusetts, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1992.

Attorney(s) appearing for the Case

R. Kelly Hocker, Hocker & Axford, Tempe, Ariz., for plaintiffs-appellants-cross-appellees.

Robert L. Dysart, Bess & Dysart, Brian Holohan, Crampton, Woods, Broening & Oberg, Phoenix, Ariz., for defendants-appellees-cross-appellants.

Before GOODWIN and SNEED, Circuit Judges, and TAYLOR, District Judge.

SNEED, Circuit Judge:

The district court dismissed a number of counts of the complaint of the plaintiffs, the Tingeys, and remanded other such counts to the Arizona Superior Court of Maricopa County. The Tingeys appeal the dismissals and the defendants appeal the remands. We hold all such claims should have been dismissed, but in the interest of justice, remand the case to the district court to allow the plaintiffs a final opportunity to attempt to plead a federal...

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