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NICHOLE MEDICAL EQUIPMENT & SUPPLY v. TRICENTURION

No. 11-2132.

694 F.3d 340 (2012)

NICHOLE MEDICAL EQUIPMENT & SUPPLY, INC., Appellant v. TRICENTURION, INC., formerly known as TriCenturion, LLC; National Heritage Insurance Company, doing business as NHIC Corp.

United States Court of Appeals, Third Circuit.

Filed: September 13, 2012.

Attorney(s) appearing for the Case

David M. Hollar, Esq. (Argued), Villari, Brandes & Kline, Conshohocken, PA, for Appellant.

Zane David Memeger, Esq. , United States Attorney, Margaret L. Hutchinson, Esq. , Chief, Civil Division, David A. Degnan, Esq. (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellees.

Before: McKEE, Chief Judge, SLOVITER, Circuit Judge, and O'CONNOR, Associate Justice (Ret.)

OPINION

McKEE, Chief Judge.

Nichole Medical Equipment and Supply Company ("Nichole Medical") appeals the district court's dismissal of an action that Nichole Medical brought to recover damages for various state and federal claims. The district court dismissed the suit for lack of subject matter jurisdiction and because Nichole Medical had not stated a claim for which relief could be granted. For reasons that follow, we agree. We also agree that all of Nichole...

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