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SIMONDS v. BLUE CROSS-BLUE SHIELD OF MICHIGAN

No. K82-32 CA.

629 F.Supp. 369 (1986)

James H. SIMONDS, DPM, and James H. Simonds, DPM, PC, Plaintiffs, v. BLUE CROSS-BLUE SHIELD OF MICHIGAN and United States of America, Defendants.

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

February 20, 1986.

Attorney(s) appearing for the Case

William A. Redmond, Deming, Hughey, Keiser, Allen & Chapman, Kalamazoo, Mich., for plaintiffs.

John A. Smietanka, U.S. Atty. by Jeanine Laville, Asst. U.S. Atty., Grand Rapids, Mich. (Donna Morros Weinstein, Regional Atty., James R. Goeser, Asst. Regional Atty., Chicago, Ill., of counsel), for defendant U.S.A.

Ralph D. Gilpin, Detroit, Mich., for defendant Blue Cross-Blue Shield of Mich.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BENJAMIN F. GIBSON, District Judge.

In this action, Dr. James H. Simonds, a podiatrist, alleges that defendants Blue Cross-Blue Shield of Michigan and the United States of America defamed him by sending letters to fourteen of his patients, indicating that he had been suspended from the Medicare program due to a criminal conviction. In fact, Dr. Simonds had not been convicted of any crime and the letters were erroneously...

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