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MARCELLA v. CAPITAL DIST. PHYSICIANS'

Docket No. 99-7560.

293 F.3d 42 (2002)

Carol P. MARCELLA, Plaintiff-Appellant, v. CAPITAL DISTRICT PHYSICIANS' HEALTH PLAN, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2002.

Attorney(s) appearing for the Case

Frances K. Browne, Rosenman & Colin LLP, New York, N.Y. (Martin E. Karlinsky, James S. Frazier, on the brief), for the appellant.

Brian M. Culnan, Iseman, Cunningham, Riester & Hyde, LLP, Albany, NY, for the appellee.

Before: WALKER, Chief Judge, F.I. PARKER, and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Plaintiff Carol Marcella purchased health insurance coverage from defendant Capital District Physicians' Health Plan, Inc. ("CDPHP") under a group health policy offered through the Latham Area Chamber of Commerce (the "Chamber"). After defendant refused to pay for plaintiff's out-of-plan surgery for a brain tumor, plaintiff sued CDPHP in New York Supreme Court raising various state-law claims. CDPHP removed to the United States District Court...

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