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Challenge to Factual Basis Set Forth in Removal Notice Rejected
Health Plan Law
Dec. 12, 2006
Excerpt: The recent case of Sumter Regional v. Patten Seed raises the question of what facts must be asserted to support removal of a putative ERISA case to federal court. While the complete preemption doctrine undoubtedly permits removal of an ERISA case notwithstanding the wording of the complaint, what facts must be alleged to invoke federal question jurisdiction?
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