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PRYZBOWSKI v. U.S. HEALTHCARE, INC.

No. 99-5920.

245 F.3d 266 (2001)

Linda PRYZBOWSKI, Appellant, v. U.S. HEALTHCARE, INC.; Medemerge, P.A.; John Pilla, M.D.; Carol E. Sgambelluri, M.D.; Kent R. Ellis, M.D.; Jane and John Does 1-5; Corporations A-Z, such defendants being named fictitiously to represent individuals and/or business entities whose actions led to the delayed performance of surgery upon Linda Pryzbowski.

United States Court of Appeals, Third Circuit.

Filed: March 27, 2001.

Attorney(s) appearing for the Case

Jerrold D. Goldstein (Argued) North Plainfield, N.J. 07060, Attorneys for Appellant.

Edward S. Wardell (Argued) Kelley, Wardell & Craig Haddonfield, N.J. 08033, Attorney for U.S. Healthcare, Inc.

Melvin Greenberg (Argued) Greenberg, Dauber Epstein & Tucker Newark, N.J. 07102, Attorney for Medemerge, P.A., John Pilla, M.D., Carol E. Sgambelluri, M.D., and Kent R. Ellis, M.D.

Herbert J. Stern Stern & Greenberg Roseland, N.J. 07068, Attorney for Amicus Curiae, Appellee The Medical Society of New Jersey.

BEFORE: SLOVITER, AMBRO and WEIS, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is Linda Pryzbowski's appeal of two orders of the United States District Court for the District of New Jersey: (1) the December 3, 1997 order dismissing her claims against U.S. Healthcare for its delay in approving requested services after determining that those claims were completely preempted under § 502(a) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)...

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