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  5. 526 S.W.2d 853 (1975)
 

BOONE CTY., ETC. v. BLUE CROSS HOSP. SERV.

No. KCD 27062.

526 S.W.2d 853 (1975)

BOONE COUNTY, Missouri, By and Through James BUTCHER, et al., Respondents, v. BLUE CROSS HOSPITAL SERVICE, INC., OF MISSOURI, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied August 5, 1975.

Application to Transfer Denied October 13, 1975.

Attorney(s) appearing for the Case

Robert F. Schlafly, Fortis M. Lawder, St. Louis; Keefe, Schlafly, Griesedieck & Ferrell, St. Louis, of counsel, and B. Daniel Simon, Columbia; Welliver & Simon, Columbia, of counsel, for appellant.

Robert C. Smith, Jr., David B. Rogers, Columbia, for respondents; Smith, Lewis & Rogers, Columbia, of counsel.

Before SOMERVILLE, P. J., PRITCHARD, C. J., and SWOFFORD, J.

PRITCHARD, Chief Judge.

The dispute is whether Boone County Hospital (BCH) is entitled to charge nonresidents of Boone County, Missouri, who are members of appellant Blue Cross, a "surcharge" or "pre-admission charge" of $5.20 per day in view of a provision in the agreement between BCH and Blue Cross, paragraph 3, that "Hospital agrees not to charge or collect from any Blue Cross participant any amount whatsoever for any hospital care included in certificates offered...

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