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BLUE CROSS BLUE SHIELD HEALTH CARE PLAN v. GUNTER

No. 07-10956.

541 F.3d 1320 (2008)

BLUE CROSS BLUE SHIELD HEALTH CARE PLAN OF GEORGIA, INC., Plaintiff-Appellant, v. Brian GUNTER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 5, 2008.

Attorney(s) appearing for the Case

Anthony F. Shelley, Miller & Chevalier Chartered, Washington, DC, John D. Kolb, Gibson & Sharps, PSC, Louisville, KY, for Plaintiff-Appellant.

Joel Max Grist, Jr., Joel Grist, LLC, Macon, GA, for Gunter.

Before TJOFLAT, ANDERSON and HILL, Circuit Judges.

HILL, Circuit Judge:

Blue Cross Blue Shield Health Care Plan of Georgia, Inc. ("Blue Cross"), sued Brian Gunter seeking reimbursement of insurance benefits paid to him from his settlement with a third party. On defendant's motion, the district court dismissed the case for lack of federal question jurisdiction under the authority of Empire Healthchoice Assurance, Inc. v. McVeigh, 547 U.S. 677, 126 S.Ct. 2121, 2127, 165 L.Ed.2d...

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