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EMPIRE HEALTHCHOICE ASSUR., INC. v. McVEIGH

No. 03-9098.

396 F.3d 136 (2005)

EMPIRE HEALTHCHOICE ASSURANCE, INC., doing business as Empire Blue Cross and Blue Shield, Plaintiff-Appellant, v. Denise Finn MCVEIGH, as administratrix of the Estate of Joseph E. McVeigh, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 14, 2005.

Attorney(s) appearing for the Case

Howard S. Wolfson, Morrison Cohen Singer & Weinstein, New York, New York (Anthony F. Shelly, Miller & Chevalier Chartered, Washington, D.C., on the brief), for Plaintiff-Appellant.

Thomas J. Stock, Stock & Carr, Mineola, New York, for Defendant-Appellee.

Before: SACK, SOTOMAYOR and RAGGI, Circuit Judges.

Judge SACK concurs in Judge SOTOMAYOR's opinion and in a separate opinion.

Judge RAGGI dissents in a separate opinion.

SOTOMAYOR, Circuit Judge.

Empire HealthChoice Assurance, Inc. ("Empire") appeals from a judgment entered in the United States District Court for the Southern District of New York (Cote, J.) dismissing for lack of subject matter jurisdiction Empire's contract action against Denise McVeigh, as administratrix of Joseph McVeigh's estate...

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