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DIAL v. HEALTHSPRING OF ALABAMA, INC.

No. 07-15529.

541 F.3d 1044 (2008)

Della DIAL, A.C. Johnson, Nancy Norfleet, Constance Taylor, Abraham Washington, Georgia M. Woods, Laura B. Washington, Plaintiffs-Appellants, v. HEALTHSPRING OF ALABAMA, INC., Marcus Trotter, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 26, 2008.

Attorney(s) appearing for the Case

Robert Potter, Ted L. Mann, Mann, Cowan & Potter, P.C., Birmingham, AL, for Plaintiffs-Appellants.

Robert Charles Ward, Jr., Bethany L. Bolger, Rushton, Stakely, Johnston & Garrett, Montgomerey, AL, Leigh Anne Hodge, Ed R. Haden, Balch & Bingham, LLP, Birmingham, AL, for Defendants-Appellees.

William Helvestine, Carri Becker Maas, Epstein, Becker & Green, P.C., San Francisco, CA, for Amicus Curiae.

Before WILSON and PRYOR, Circuit Judges, and MIDDLEBROOKS, District Judge.

PRYOR, Circuit Judge:

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and asserted that the complaint is "founded on a claim or...

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