State of Missouri, Ex Rel. Jeremiah W. ("Jay") Nixon, Attorney General of Missouri v. Prudential Health Care Plan, Inc., Community Plan

Decided 2001-08-08

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BYE, Circuit Judge. The State of Missouri filed two actions against Prudential Health Care Plan, Inc., pertaining to a single contract dispute. The State appeals the district court’s 2 ruling dismissing the first of those actions because of a defective complaint, Fed. R.Civ.P. 12(b)(6). We dismiss the State’s appeal for two reasons. First, the State’s appeal is wholly duplicative of its pending se…

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