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ST. CHARLES SURGICAL HOSP. v. LOUISIANA HEALTH

No. 18-30957.

935 F.3d 352 (2019)

ST. CHARLES SURGICAL HOSPITAL, L.L.C., Plaintiff-Appellee v. LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, doing business as Blue Cross/Blue Shield of Louisiana; Blue Cross & Blue Shield of Louisiana, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED August 15, 2019.

Attorney(s) appearing for the Case

Matthew Arthur Sherman , Meghan Elizabeth Ruckman , James McClendon Williams , Chehardy Sherman Williams, L.L.P., Metairie, LA, for Plaintiff-Appellee.

Anthony F. Shelley , Adam P. Feinberg, Esq. , Miller & Chevalier Chartered, Washington, DC, Michael Christopher Drew, Esq. , Jones Walker, L.L.P., New Orleans, LA, for Defendants-Appellants.

Before HAYNES, GRAVES, and HO, Circuit Judges.

Blue Cross seeks removal to federal court under the federal officer removal statute, 28 U.S.C. § 1442, on the ground that it is sued here in its capacity as an administrator of health care benefits for federal employees. Three of our sister circuits have allowed removal under such circumstances. See Goncalves...

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