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PEAY v. BELLSOUTH MEDICAL ASSISTANCE PLAN

No. 98-4180.

205 F.3d 1206 (2000)

Robert PEAY, as guardian of minor child Jennifer McCluskey; Teen Help, doing business as Brightway Adolescent Hospital; Delbert E. Goates, M.D., Plaintiffs-Appellants, v. BELLSOUTH MEDICAL ASSISTANCE PLAN; Blue Cross Blue Shield of Alabama, Defendants-Appellees. United States Department of Labor, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 6, 2000.

Attorney(s) appearing for the Case

Brian S. King and Marcie E. Schaap, King & Isaacson, P.C., Salt Lake City, Utah, appearing for Plaintiffs-Appellants.

Keith W. Kochler, BellSouth Telecommunications, Inc., Atlanta, Georgia (Gary L. Johnson, Richards, Brandt, Miller & Nelson, Salt Lake City, Utah, with him on the brief), appearing for Defendants-Appellees.

Henry L. Solano, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, and Edward D. Sieger, Senior Appellate Attorney, United States Department of Labor, filed an amicus curiae brief in support of Appellants.

Before TACHA, BRORBY, and EBEL, Circuit Judges.

TACHA, Circuit Judge.

Plaintiffs appeal the district court's order granting defendants' motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer for improper venue. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I.

At the time of the events in this case, plaintiff Jennifer McCluskey lived in Tennessee with her guardian, plaintiff Robert Peay. Peay's employer, BellSouth Telecommunications, Inc...

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