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KARTELL v. BLUE SHIELD OF MASSACHUSETTS, INC.

384 Mass. 409 (1981)

425 N.E.2d 313

JAMES P. KARTELL & others vs. BLUE SHIELD OF MASSACHUSETTS, INC. & OTHERS.

Supreme Judicial Court of Massachusetts, Suffolk.

August 20, 1981.

Attorney(s) appearing for the Case

James van R. Springer of the District of Columbia (Stanley V. Ragalevsky with him) for the plaintiffs.

Daniel O. Mahoney (Reginald H. Howe with him) for Blue Shield of Massachusetts & another.

Paul W. Johnson, Assistant Attorney General, for Commissioner of Insurance, intervener.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, & NOLAN, JJ.

NOLAN, J.

On January 16, 1981, a judge of the United States District Court for the District of Massachusetts certified to this court two questions relating to a private antitrust action now pending in the Federal court. The questions are as follows:

"1. Is Blue Shield of Massachusetts, Inc. compelled by M.G.L. c. 176B, § 7 or any other Massachusetts statute or required by any clearly articulated and affirmatively expressed State policy (a) to limit fees...

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