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WILDENAUER v. BLUE CROSS AND BLUE SHIELD OF MINN.

Civ. No. 3-88-0134.

737 F.Supp. 64 (1989)

Jerrold R. WILDENAUER, D.C.; Steven B. Ross, D.C.; Lori R. Robbins, D.C.; and Thomas G. Asbel, D.C. on behalf of themselves and all others similarly situated, Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF MINNESOTA; J.L. Lawton, D.C., individually and as an officer of Utilization and Review Services of America, Inc.; Robert E. Williamson, D.C., individually and as an officer of Utilization and Review Services of America, Inc.; Utilization and Review Services of America, Inc.; Chiropractic Care of Minnesota, Inc.; Thomas J. Allenburg, D.C., individually and as an officer and director of Chiropractic Care of Minnesota, Inc.; and John Does and Mary Roes 1-100, Defendants.

United States District Court, D. Minnesota, Third Division.

October 31, 1989.

Attorney(s) appearing for the Case

Emmett J. McMahon, Mahoney, Walling and Kelley, P.A., Minneapolis, Minn., for plaintiffs.

Terry J. Bartz, Stich, Angell, Kreidler and Mohr, P.A., Minneapolis, Minn., for defendants Blue Cross and Blue Shield of Minnesota, J.L. Lawton, Robert E. Williamson and Utilization and Review Services of America.

James B. Lynch, J. Thomas Vitt, Dorsey and Whitney, Minneapolis, Minn., for defendants Chiropractic Care of Minnesota, Inc. and Thomas J. Allenburg, D.C.

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

This matter is before the court on defendants' motions for dismissal for failure to state a claim or, in the alternative, summary judgment in this antitrust action.

FACTS

This lawsuit concerns the allocation of chiropractic care under Blue Cross and Blue Shield of Minnesota's (Blue Cross') Aware Gold program. Blue Cross is a non-profit Minnesota corporation which contracts with medical doctors...

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