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DAVIS NEUROLOGY PA v. DOCTORDIRECTORY.COM LLC

No. 17-1820.

896 F.3d 872 (2018)

DAVIS NEUROLOGY PA, on behalf of itself and all other entities and persons similarly situated, Plaintiff-Appellant, v. DOCTORDIRECTORY.COM LLC; Everyday Health Inc., Defendants-Appellees, John Does, 1-10, intending to refer to those persons, corporations or other legal Entities that acted as agents, consultants, Independent contractors or representatives, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Anthony A. Orlandi , of Nashville, TN. The following attorney(s) appeared on the appellant brief; Alexander Graham Streett , of Russellville, AR, James Albert Streett , of Russellville, AR, and Joey Paul Leniski, Jr. , of Nashville, TN.

Counsel who presented argument on behalf of the appellee was David Alan Zetoony , of Boulder, CO. The following attorney(s) appeared on the appellee brief; Barbara A. Smith , of Saint Louis, MO, and Maria Z. Vathis , of Chicago, IL.

Before COLLOTON, BENTON, and ERICKSON, Circuit Judges.

The district court entered judgment on the pleadings for the defendants in this case, and the plaintiff appeals. There is a preliminary issue, however, concerning whether the lawsuit was properly removed from Arkansas state court to federal court. We conclude that the removal was untimely, and that the district court thus...

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