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IN RE BUSINESS MEN'S ASSUR. CO. OF AMERICA

No. 93-1290.

992 F.2d 181 (1993)

In re BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1993.

Attorney(s) appearing for the Case

Robert Wilson McKinley, Kansas City, MO, for petitioner.

Kevin R. Thomas, Independence, MO, for respondent.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

PER CURIAM.

Business Men's Assurance Company of America (BMA) petitions for a writ of mandamus ordering the district court to retain jurisdiction of a vexatious refusal-to-pay claim brought against BMA by William A. Rodgers. We deny the petition.

Rodgers obtained BMA health insurance through his wife's employer, Family Institute (FI). After BMA denied Rodgers's claims for benefits, Rodgers filed this action in state court. BMA removed the case to federal district...

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