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HOBBS v. BLUE CROSS BLUE SHIELD OF ALABAMA

No. 01-10019.

276 F.3d 1236 (2001)

Norman HOBBS, individually, and on behalf of a class of similarly situated persons, Samuel Irvine, individually, and on behalf of a class of similarly situated persons, Plaintiffs-Appellants, v. BLUE CROSS BLUE SHIELD OF ALABAMA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 21, 2001.

Attorney(s) appearing for the Case

Royce Allen Ray, III, Finkbohner & Lawler, L.L.C., Mobile, AL, Richard Allen Bearden, Massey & Stotser, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Leigh Anne Hodge, Cavender Crosby Kimble, Balch & Bingham, LLP, Birmingham, AL, for Defendant-Appellee.

AMENDED OPINION

Before: BIRCH, COX and ALARCÓN,* Circuit Judges.

ALARCÓN, Circuit Judge:

Norman Hobbs and Samuel Irvine appeal from the denial of their motion to remand this action to state court. They contend that the district court erred in recharacterizing their state insurance law claim against Blue Cross and Blue Shield of Alabama ("Blue Cross") as "arising under" the Employee Retirement Income Security ...

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