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TEXAS MEDICAL ASS'N v. BOWEN

Civ. No. A-87-CA-688.

678 F.Supp. 643 (1987)

TEXAS MEDICAL ASSOCIATION, Travis County Medical Society, Texas Academy of Family Physicians, Texas Ophthalmological Association, Texas Society of Internal Medicine, Earl D. Bellamy, M.D., Leslie L. Cortes, M.D., Karlan June Lockey Downing, M.D., Pablo Garza, M.D., James M. Graham, M.D., John M. Haley, M.D., Craig K. King, M.D., William E. McCaleb, III, M.D., San Antonio Medical Associates, Roberto San Martin, M.D., Gordon W. Scott, M.D., Robert Frank White, M.D., Maggie M. Moore, Cleo Marie Gossett, Madeline C. Miles, and Raymond Conley, Community Administrator of the Estate of Ovetta Conley, Deceased, Plaintiffs, v. Otis R. BOWEN, M.D., Secretary, United States Department of Health and Human Services and Blue Cross and Blue Shield of Texas, Inc., Defendants.

United States District Court, W.D. Texas, Austin Division.

Findings of Fact and Conclusions of Law January 11, 1988.

Attorney(s) appearing for the Case

Douglas J. Colton and Susan Koch, Wood, Lucksinger & Epstein, Washington, D.C., Phyllis B. Schunck, Wood, Lucksinger & Epstein, Austin, Tex., Gary W. Eiland, Wood, Lucksinger & Epstein, Houston, Tex., for plaintiffs.

Katherine Smith, Mark Marshall, Asst. U.S. Atty., Austin, Tex., for the Government.

Charlene Seifert and Jerry Sconce, Dallas, Tex., for defendants.

Donald P. Wilcox, Austin, Tex., for Texas Medical Ass'n.

Sam Stone, Austin, Tex., for Texas Ophthalmological Ass'n.

Robert M. Roller, Austin, Tex., Jack Ponder and Jan Newsome, Blue Cross and Blue Shield of Texas, Inc., Richardson, Tex., for Blue Cross-Blue Shield.

ORDER

NOWLIN, District Judge.

Before the Court is Plaintiffs' Motion for Preliminary Injunction. The Court has considered the Motion, Defendants' response, Plaintiffs' reply, and all of the supporting briefs, affidavits, and documents submitted to the Court. A hearing was held on the Motion on October 29, 1987, at which time the Court entertained the argument of counsel. Based upon all of the information before it at this time, the Court is of the opinion...

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