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PA. DENTAL ASS'N v. MEDICAL SERVICE ASS'N OF PA.

No. 86-5338.

815 F.2d 270 (1987)

PENNSYLVANIA DENTAL ASSOCIATION; Delaware County Dental Society; Erie County Dental Association, Inc.; Harrisburg Area Dental Society; Luzerne County Dental Society; Montgomery-Bucks Dental Society; Odontological Society of Western Pennsylvania; Scranton Dental Society; and York County Dental Society, v. MEDICAL SERVICE ASSOCIATION OF PENNSYLVANIA, d/b/a Pennsylvania Blue Shield, Appellant, v. YORK COUNTY DENTAL SOCIETY, Fifth District Dental Society, Dennis W. King, D.D.S., Charles M. Ludwig, D.D.S., Theodore R. Paladino, D.D.S., Thomas L. Perkins, D.M.D., and Kay F. Thompson, D.D.S., Third Party Counterclaim Defendants.

United States Court of Appeals, Third Circuit.

Decided March 30, 1987.

Rehearing and Rehearing Denied April 23, 1987.

Attorney(s) appearing for the Case

Thomas A. Beckley (argued), John G. Milakovic, Beckley & Madden, Harrisburg, Pa., Barry E. Carter, Washington, D.C., for appellees.

Charles F. Scarlata, Pittsburgh, Pa., for Theodore R. Paladino, D.D.S.

Joseph Friedman (argued), Stephen F. Ban, Michael J. Hennessy, Springer, Bush & Perry, P.C., Pittsburgh, Pa., William H. Wood, William E. Miller, Jr., Thomas E. Wood, Keefer, Wood, Allen & Rahal, Harrisburg, Pa., for appellant.

Before GIBBONS, Chief Judge, WEIS and HUNTER, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 23, 1987.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Medical Service Association of Pennsylvania, doing business as Pennsylvania Blue Shield (Blue Shield), appeals from a summary judgment in favor of ten dental associations and five individual dentists (collectively referred to as "the organized dentists")1 dismissing Blue Shield's claims under section 4 and section 16 of the...

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