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STATE OF MISSOURI v. PRUDENTIAL HLTH CARE PL

No. 00-2968.

259 F.3d 949 (2001)

State of Missouri, ex rel. Jeremiah W. ("Jay") Nixon, Attorney General of Missouri, Appellant, v. Prudential Health Care Plan, Inc., Community Plan, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 8, 2001.

Attorney(s) appearing for the Case

Mark Lupe, argued, Jefferson City, MO, for appellant.

Richard J. Pautler, argued, St. Louis, MO (Lewis R. Mills, on the brief), for appellee.

Before HANSEN and BYE, Circuit Judges, and MELLOY, District Judge.

BYE, Circuit Judge.

The State of Missouri filed two actions against Prudential Health Care Plan, Inc., pertaining to a single contract dispute. The State appeals the district court's2 ruling dismissing the first of those actions because of a defective complaint, Fed. R.Civ.P. 12(b)(6). We dismiss the State's appeal for two reasons. First, the State's appeal is wholly duplicative of its pending second action. The federal courts strongly...

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