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NAPOLEON HARDWOODS v. PROFESSIONALLY DESIGNED

No. 92-1511.

984 F.2d 821 (1993)

NAPOLEON HARDWOODS, INC., Plaintiff-Appellee, v. PROFESSIONALLY DESIGNED BENEFITS, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 1993.

Attorney(s) appearing for the Case

Larry L. Eaton, Eaton & Romweber, Versailles, IN, for plaintiff-appellee.

Charles A. Sweeney, Jr., Sweeney, Pfeifer & Blackburn, South Bend, IN, Barry N. Bitzegaio, Timothy J. Naville, Lorch & Naville, New Albany, IN, for defendant-appellant.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and WILL, Senior District Judge.

WILL, Senior District Judge.

This suit was originally filed in Indiana state court by Napoleon Hardwoods (Napoleon) which alleged that Professionally Designed Benefits (PDB) had breached a contract to obtain insurance and negligently performed a duty arising under a contract to procure insurance. PDB petitioned to have the case removed to federal court on the basis of asserted ERISA issues. The case was removed, and the magistrate judge found that there was federal...

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