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002968P.pdf   08/08/2001  State of MO  v.  Prudential Health
   U.S. Court of Appeals Case No:  00-2968
   Eastern District of Missouri   
   Civil case - contracts. In light of second suit involving the 
   same parties and the same issues, court would not decide 
   remand question posed in State's appeal from the first 
   action; even if appeal were not duplicative, the state's failure 
   to appeal the dismissal of the first complaint makes this 
   appeal of an order denying remand of the dismissed case 
   an attempt to seek an advisory ruling which would have no 
   effect because no further action could be taken in the first 
   case; special concurrence by Judge David Hansen.