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GLEN EDEN HOSP. v. BLUE CROSS & BLUE SHIELD

Civ. A. No. 80-72117.

555 F.Supp. 337 (1983)

GLEN EDEN HOSPITAL, INC., Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Defendant.

United States District Court, E.D. Michigan, S.D.

January 21, 1983.

Attorney(s) appearing for the Case

Robins, Zelle, Larson & Kaplan by James R. Safley, Deborah J. Palmer and Rita A. McConnell, Minneapolis, Minn., Gropman, Kaplan, Sims & Gibbons, P.C. by Jerome C. Gropman and Dennis A. Peppler, Southfield, Mich., for plaintiff.

Kaye, Scholer, Fierman, Hays & Handler by Joshua F. Greenberg, Richard C. Seltzer, Daniel D. Chazin and Steven Glickstein, New York City, Michael B. Doelle and Michael T. Zajac, Blue Cross and Blue Shield of Michigan, Detroit, Mich., for defendant.

OPINION

GILMORE, District Judge.

This is an action by plaintiff alleging that defendant Blue Cross has engaged in anti-competitive activities in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1 and § 2. The complaint also includes two pendent state claims alleging a violation of the Michigan Antitrust Law and breach of contract.

Defendant has moved for summary judgment on all counts. For the reasons given below, the motion...

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