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OCEAN STATE PHYSICIANS HEALTH PLAN, INC. v. BLUE CROSS & BLUE SHIELD OF RHODE ISLAND

No. 88-1851.

883 F.2d 1101 (1989)

OCEAN STATE PHYSICIANS HEALTH PLAN, INC., et al., Plaintiffs, Appellants, v. BLUE CROSS & BLUE SHIELD OF RHODE ISLAND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 21, 1989.

Attorney(s) appearing for the Case

Stuart M. Gerson with whom William G. Kopit, Epstein, Becker & Green, P.C., Washington, D.C., Thomas E. Lynch and Lynch and Greenfield, Providence, R.I., were on brief, for plaintiffs, appellants.

Steven E. Snow with whom James E. Purcell, Partridge, Snow & Hahn, Elia Germani, Providence, R.I., Joshua F. Greenberg, Michael Malina, and Kaye, Scholer, Fierman, Hays & Handler, New York City, were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and CAFFREY, Senior District Judge.

LEVIN H. CAMPBELL, Chief Judge.

Plaintiffs, Ocean State Physicians Health Plan, Inc. ("Ocean State") and a certified class of Ocean State's participating physicians, brought suit against Blue Cross & Blue Shield of Rhode Island ("Blue Cross"), alleging that Blue Cross had acted unlawfully to exclude Ocean State from the health care insurance marketplace. A jury found that Blue Cross was guilty of violating section 2 of the Sherman Act, 15 U.S.C. § 2 (1982...

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