N.J. STATE AFL-CIO v. BRYANT


55 N.J. 171 (1969)

260 A.2d 225

NEW JERSEY STATE AFL-CIO, A VOLUNTARY ASSOCIATION, AND VINCENT J. MURPHY, CHARLES H. MARCIANTE AND RICHARD A. LYNCH, INDIVIDUALLY AND AS OFFICERS OF THE NEW JERSEY STATE AFL-CIO, PLAINTIFFS-APPELLANTS, v. HORACE J. BRYANT, JR., COMMISSIONER OF BANKING AND INSURANCE OF THE STATE OF NEW JERSEY, AND HOSPITAL SERVICE PLAN OF NEW JERSEY, A CORPORATION OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 30, 1969.


Attorney(s) appearing for the Case

Mr. Thomas L. Parsonnet argued the cause for appellants (Messrs. Parsonnet, Parsonnet & Duggan, attorneys).

Mr. S. Joseph Fortunato argued the cause for respondent Hospital Service Plan of New Jersey (Mr. James J. Petrella on the brief; Messrs. Pitney, Hardin & Kipp, attorneys).

Mr. C. Russell Kramer argued the cause for New Jersey State Chamber of Commerce, et al., amicus curiae (Mr. Lester Handler on the brief; Messrs. Smith, Kramer & Morrison, attorneys).

Mr. T. Girard Wharton, Special Counsel appointed by the Attorney General to represent the Public argued the cause for respondents. (Mr. Sheldon B. Brand, on the brief).

Mr. Walter R. Davis, Jr., Deputy Attorney General, argued the cause for respondent Commissioner of Banking and Insurance (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).


PER CURIAM.

In this proceeding plaintiffs attack the authority of the Commissioner of Banking and Insurance to grant temporary emergency increases, averaging 28.5%, in Hospital Service Plan (Blue Cross) rates. The increases which were approved by the Commissioner on August 25, 1969 became effective on December 1, 1969 and will expire on April 30, 1970.

On May 28, 1969, Blue Cross filed with the Commissioner of Banking and Insurance proposed rate increases...

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