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NORTHWEST MEDICAL LAB. v. BLUE CROSS

CC A8604-01953; CA A46938; SC S36303.

794 P.2d 428 (1990)

310 Or. 72

NORTHWEST MEDICAL LABORATORIES, Inc., an Oregon Corporation, and East Portland X-Ray Clinic, P.C., an Oregon Professional Corporation, Petitioners On Review, v. BLUE CROSS and Blue Shield of Oregon, Inc., an Oregon Non-Profit Corporation, Oregon Preferred Care Network, Inc., an Oregon Non-Profit Corporation, Good Samaritan Hospital and Medical Center, Inc., an Oregon Non-Profit Corporation, and Northwest Physicians Association, Inc., an Oregon Corporation, Respondents On Review.

Supreme Court of Oregon.

Reassigned April 30, 1990.

Decided June 14, 1990.

Attorney(s) appearing for the Case

Michael J. Morris, of Bennett, Hartman, Tauman & Reynolds, P.C., Portland, argued the cause and filed the petition for petitioners on review.

E. Walter Van Valkenburg, of Stoel Rives Boley Jones & Grey, Portland, argued the cause and filed the response to the petition for respondents on review.

Roger Tilbury and Roch Steinbach, Portland, filed a brief on behalf of amicus curiae Portland Retail Druggists Ass'n.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

PETERSON, Chief Justice.

Plaintiffs appealed to the Court of Appeals from the trial court's denial of their request for an injunction and other equitable relief under Oregon's "Little Sherman Act," ORS 646.725.1 Plaintiffs alleged that defendants conspired to refuse to deal with them, thereby denying them access to a market necessary for effective competition.

Defendants are Blue Cross and Blue Shield of Oregon, Inc. (BCBSO); Oregon...

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