TRUETT v. BOWMAN

No. 03-1109-T.

288 F.Supp.2d 909 (2003)

Annie L. TRUETT, as Administratrix of the Estate of Glenda Plunk, and Marvin Plunk, Plaintiffs, v. Wayne BOWMAN, Crna, et al., Defendants, v. Tommy Thompson, Secretary of the Department of Health and Human Services and Medicare, Defendant.

United States District Court, W.D. Tennessee, Eastern Division.

August 18, 2003.


Attorney(s) appearing for the Case

Michael Weinman, Jackson, TN, Thomas J. Long, Memphis, TN, for Plaintiffs.

Marty R. Phillips, Jackson, TN, Sidney P. Alexander, U.S. Attorney's Office, Memphis, TN, for Defendants.


ORDER GRANTING THE SECRETARY'S MOTION TO DISMISS AND REMANDING THIS ACTION TO STATE COURT

TODD, District Judge.

On April 28, 2003, Tommy Thompson, Secretary of the Department of Health and Human Services and Medicare (the Secretary), removed this action from state court. The Secretary has now filed a motion to dismiss pursuant to Rule 12(b)(1), or in the alternative, Rule 12(b)(6) of the Federal Rules of Civil...

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