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COTTER v. BLUE CROSS AND BLUE SHIELD

Docket No. 78-1957.

94 Mich. App. 129 (1979)

288 N.W.2d 594

COTTER v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN

Michigan Court of Appeals.

Decided December 5, 1979.

Attorney(s) appearing for the Case

Durant & Durant, P.C., for plaintiffs.

Foster, Swift, Collins & Coey, P.C. (by Theodore W. Swift and David VanderHagen), for defendant Blue Cross and Blue Shield.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., and Judith I. Blinn, Assistants Attorney General, for defendant Insurance Commissioner.

Before: J.H. GILLIS, P.J., and V.J. BRENNAN and MacKENZIE, JJ.

V.J. BRENNAN, J.

On July 1, 1977, the plaintiffs, representing all Blue Cross and Blue Shield of Michigan (BC/BS) subscribers, filed a class action in Wayne County Circuit Court. An ex parte restraining order to show cause was issued on July 1, 1977. The order enjoined BC/BS from excluding certain services rendered by chiropractors from insurance coverage. A show cause hearing was held on July 8, 1977. An order was entered on August 30, 1977, referring the...

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