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JACKS v. MERIDIAN RESOURCE CO., LLC

No. 11-3037.

701 F.3d 1224 (2012)

Shannon JACKS, Plaintiff-Appellee v. MERIDIAN RESOURCE COMPANY, LLC; Blue Cross Blue Shield, of Kansas City, Defendants-Appellants Association of Federal Health Organizations, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 17, 2012.

Attorney(s) appearing for the Case

Anthony F. Shelley , argued, Washington, DC, Richard N. Bien , Robyn Lyn Anderson , James V. Moloney , Kansas City, MO, Jeffrey Hahn , Jonathan D. Kossak , Washington, DC, on the brief, for appellant.

Mitchell L. Burgess , argued, Ralph K. Phalen , Don P. Saxton , on the brief, Kansas City, MO, for appellee.

David M. Ermer , Jason SC. Suter , Washington, DC, on the brief, for amicus.

Before BYE, BEAM, and SMITH, Circuit Judges.

BEAM, Circuit Judge.

Meridian Resource Company and Blue Cross Blue Shield-Kansas City (hereinafter BCBS-KC collectively) appeal the district court's remand based upon the local controversy exception to the Class Action Fairness Act (CAFA), its determination that federal common law was not contemplated in this action, and its decision that BCBS-KC could not remove this matter under the federal officer removal statute. We vacate the district court's judgment and remand...

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