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NIGHTINGALE HOME HEALTHCARE v. ANODYNE THERAPY

No. 09-2523.

589 F.3d 881 (2009)

NIGHTINGALE HOME HEALTHCARE, INC., Plaintiff-Appellant, v. ANODYNE THERAPY, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 2009.

Attorney(s) appearing for the Case

Jennifer S. Milligan (argued), Carmel, IN, for Plaintiff-Appellant.

Robert E. Johnson, Attorney (argued), Gray Robinson P.A., Tampa, FL, Michael A. Wukmer, Attorney, Ice Miller, Indianapolis, IN, for Defendant-Appellee.

Before POSNER, KANNE, and ROVNER, Circuit Judges.

POSNER, Circuit Judge.

The plaintiff appeals from an adverse judgment in what began as a diversity suit, but is most securely within federal jurisdiction if recharacterized as a federal-question suit in which the plaintiff's state-law claims are within the federal courts' supplemental jurisdiction. 28 U.S.C. § 1367. The reason for this convoluted approach to jurisdiction is that there is serious doubt (as we'll see)...

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