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BLUE CROSS & BLUE SHIELD OF MICH. v. BAERWALDT

No. 83-1053.

726 F.2d 296 (1984)

BLUE CROSS AND BLUE SHIELD OF MICHIGAN, Plaintiff-Appellant, v. Nancy A. BAERWALDT, Commissioner of Insurance, State of Michigan, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1984.

Attorney(s) appearing for the Case

David VanderHaagen, argued, Foster, Swift, Collins & Coey, Theodore W. Swift, Lansing, Mich., for plaintiff-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Harry G. Iwasko, Asst. Atty. Gen., argued, Lansing, Mich., for defendant-appellee.

Before KEITH and MERRITT, Circuit Judges, and WEICK, Senior Circuit Judge.

MERRITT, Circuit Judge.

While the Michigan Commissioner of Insurance ("Commissioner") was considering a rate request filed by Blue Cross and Blue Shield of Michigan, Blue Cross caused advertisements to be printed in newspapers throughout Michigan urging the Commissioner to reach a certain result in the rate case. The Commissioner, prompted by other parties to the rate case, entered an order prohibiting Blue Cross from further advertising while the rate request was...

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