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WESTCHESTER RADIOLOGICAL v. EMPIRE BLUE CROSS

No. 85 CIV. 2733 (KMW).

707 F.Supp. 708 (1989)

WESTCHESTER RADIOLOGICAL ASSOCIATES P.C., et al., Plaintiffs, v. EMPIRE BLUE CROSS AND BLUE SHIELD, INC. Defendant.

United States District Court, S.D. New York.

February 24, 1989.

Attorney(s) appearing for the Case

Daniel P. Levitt, Reid & Priest, New York City, Norton B. Travis, Garfunkel, Wild & Travis, Great Neck, N.Y., for plaintiffs.

Robert A. Bicks, Howard S. Wolfson, Breed, Abbott & Morgan, New York City, for defendant.

OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Plaintiffs allege unlawful restraint of trade, monopolization, and price fixing in violation of the federal antitrust laws and New York State law. 15 U.S.C. §§ 1, 2; N.Y.Gen.Bus.Corp.Law § 340. Plaintiffs seek treble damages and injunctive relief. The case is presently before the Court on defendant's motion for summary judgment on the grounds that (1) defendant's alleged conduct does not violate...

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