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IN HOME HEALTH v. PRUDENTIAL INS. CO. OF AMERICA

No. 95-3974.

101 F.3d 600 (1996)

IN HOME HEALTH, INC., Appellant, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1996.

Rehearing and Suggestion for Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

William Fortebury, argued, St. Louis, MO, for appellant.

Richard J. Pautler, argued, St. Louis, MO, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and KORNMANN, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 2, 1997.

KORNMANN, District Judge.

In Home Health, Inc. ("Home Health"), appeals from the District Court's denial of Home Health's motion to remand this case to state court. The District Court found that Home Health's claim for negligent misrepresentation based on state law was preempted by ERISA1. We reverse and remand for...

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