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CICIO v. DOES

Docket No. 01-9248.

321 F.3d 83 (2003)

Bonnie CICIO, individually and as Administratrix of the Estate of Carmine Cicio, Plaintiff-Appellant, v. John DOES 1-8, Defendants, Vytra Healthcare, and Brent Spears, M.D., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 11, 2003.

As Amended: March 12, 2003.

Attorney(s) appearing for the Case

David L. Trueman, Mineola, N.Y. (Joel J. Ziegler, Greshin, Ziegler & Amicizia, LLP, of counsel, Smithtown, NY), for Plaintiff-Appellant.

Michael H. Bernstein, Sedgwick, Detert, Moran & Arnold, New York, N.Y. (Colleen A. Tan, of counsel), for Defendants-Appellees.

Eugene R. Anderson, Rhonda D. Orin, Michele A. Gallagher, Anderson Kill & Olick, L.L.P., Washington, DC, submitted a brief for Amici Curiae American Medical Association and Medical Society of the State of New York.

Miles J. Zaremski, Kamensky & Rubinstein, Lincolnwood, IL, submitted a brief for Amici Curiae American College of Legal Medicine.

Harold N. Iselin, Hank M. Greenberg, Couch White, LLP, Albany, NY, submitted a brief for Amici Curiae American Association of Health Plans and New York Health Plan Association.

Before: CALABRESI, SACK, and B.D. PARKER, Jr., Circuit Judges.

Judge CALABRESI dissents in part in a separate opinion.

SACK, Circuit Judge.

Plaintiff Bonnie Cicio appeals from an October 4, 2001 judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge) denying her motion to remand her action to New York Supreme Court, and granting the Fed.R.Civ.P. 12(b)(6) motion of the defendants Vytra Healthcare ("Vytra") and Dr. Brent Spears to dismiss the complaint for failure...

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