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BURKE v. SMITHKLINE BIO-SCIENCE LABORATORIES

No. 94-41-CIV-T-17C.

858 F.Supp. 1181 (1994)

Timothy BURKE, as Personal Representative of the Estate of Carol Burke, Deceased, Plaintiff, v. SMITHKLINE BIO-SCIENCE LABORATORIES, Smithkline Beecham Clinical Laboratories, Pathologists Reference Laboratory of Southwest Fla., Inc., Brandon Family Care, Inc., Humana Inc., and Humana Medical Plan, Inc., Defendants.

United States District Court, M.D. Florida, Tampa Division.

July 5, 1994.

Attorney(s) appearing for the Case

James William Guarnieri, Brandon, FL, for Timothy Burke.

Lee Delton Gunn, IV, Gunn, Ogden & Sullivan, P.A., Tampa, FL, Mercer Kaye Clarke, Clarke & Silverglate, P.A., Miami, FL, C. Howard Hunter, III, Freeman, Hunter & Malloy, Tampa, FL, for Smithkline Bio-Science Laboratories.

Mercer Kaye Clarke, Clarke & Silverglate, P.A., Miami, FL, C. Howard Hunter, III, Freeman, Hunter & Malloy, Tampa, FL, for Smithkline Beecham Corp.

C. Howard Hunter, III, Freeman, Hunter & Malloy, Lee Delton Gunn, IV, Gunn, Ogden & Sullivan, P.A., Tampa, FL, for Pathologists Reference Laboratory of Southwest Florida, Inc., Brandon Family Care, Inc., Humana, Inc., Humana Medical Plan, Inc.

ORDER

KOVACHEVICH, District Judge.

This cause is before this Court on the following pending motions: Defendants', Brandon Family Care, Inc., Humana Inc., and Humana Medical Plan, Inc., Motion to Dismiss and Motion to Strike Plaintiff's Demand for Jury Trial (Docket No. 5); Plaintiff's Motion to Amend Complaint and Motion to Remand (Docket No. 13); Secretary of Labor's Motion for Leave to File Brief as Amicus Curiae (Docket No. 10) and Plaintiff's...

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