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EMPIRE STATE PHARMACEUTICAL v. EMPIRE BLUE CROSS

No. 86 Civ. 3889 (JES).

778 F.Supp. 1253 (1991)

EMPIRE STATE PHARMACEUTICAL SOCIETY, INC., Plaintiff, v. EMPIRE BLUE CROSS AND BLUE SHIELD OF GREATER NEW YORK, also known as Blue Cross and Blue Shield of Greater New York, Erwin L. Werner, John F. Muldoon, Robert F. McGrath, Jonathan F. Haley, Preston Jordan, Sterling E. Cathey and Leslie Strassberg, Defendants.

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

November 12, 1991.

Attorney(s) appearing for the Case

Rosenbaum Wise Lerman & Katz, New York City (Elliott L. Katz, Lisa M. Gioia, Jerome I. Sager, of counsel), for plaintiff.

Breed, Abbott & Morgan, New York City (James J. Sabella, Jill I. Braverman, of counsel), for defendants.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Empire State Pharmaceutical Society, Inc. ("Empire State") brings this action against Empire Blue Cross and Blue Shield ("Blue Cross"), and certain of its officers, directors, and employees (the "individual defendants") for violations of the antitrust laws because Blue Cross charged plaintiff a higher rate for major medical insurance coverage for its members than that charged to one of its competitors...

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