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Court Says Ala. Medicare Suit Belongs In State Court

Atlanta, GA – Federal appeals judges say a lawsuit brought by seven Alabama Medicare patients who claimed they bought into a coverage plan that was misrepresented to them belongs in state court.

Della Dial, A.C. Johnson, Nancy Norfleet, Constance Taylor, Abraham Washington, Georgia M. Woods and Laura B. Washington filed suit in Perry County, Ala., saying they were dissatisfied with the Medicare Advantage plan offered by HealthSpring of Alabama, largely because they could not use their usual doctors.

HealthSpring had the case moved to federal court, contending that the claims fell under laws governing Medicare.

An 11th U.S. Circuit Court of Appeals panel on Tuesday overruled U.S. District Judge Kristi K. DuBose's denial of a motion to return it to Perry County.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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