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JASS v. PRUDENTIAL HEALTH CARE PLAN, INC.

No. 95-2471.

88 F.3d 1482 (1996)

Betty JASS, Plaintiff-Appellant, v. PRUDENTIAL HEALTH CARE PLAN, INCORPORATED, a corporation, Karen Margulis and Peter J. Anderson, M.D., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 8, 1996.

Attorney(s) appearing for the Case

Cornelius T. Ducey, Jr. (argued), Timothy L. Donaho, Jr., Ducey Law Firm, Belleville, IL, John T. Papa, Callis, Papa, Hale, Jensen, Jackstadt, Bailey & Halloran, Granite City, IL, for Plaintiff-Appellant.

Richard J. Pautler, Lewis Mills (argued), Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, MO, Russell Scott, Dunham, Boman & Leskera, Belleville, IL, for Prudential Health Care Plan, Inc.

James E. Neville, Shari M. Brunton, Neville, Richards, Defranco & Wuller, Belleville, IL, for Karen Margolis.

Charlene A. Cremeens, Cremeens & Associates, Belleville, IL, for Peter J. Anderson.

Before MANION, ROVNER, and EVANS, Circuit Judges.

MANION, Circuit Judge.

Betty Jass underwent knee replacement surgery but was dissatisfied with the result. She sued Prudential Health Care Plan ("PruCare"), the administrator of her husband's employee benefit plan, and Karen Margulis, a nurse employed by PruCare, for vicarious liability and negligence. PruCare removed the case to federal court asserting diversity and federal question jurisdiction. Jass moved to remand. Before the district court ruled on her motion...

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