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HERMAN v. CAPITAL BLUE CROSS

Nos. 121 C.D. 2010, 122 C.D. 2010.

11 A.3d 23 (2010)

Lawrence S. HERMAN, D.C., Nachas, Inc., Jason H. Herman, Mitchell Chiropractic Center, Thomas C. Mitchell, D.C., on behalf of themselves and all others similarly situated, Appellants v. CAPITAL BLUE CROSS, a non-profit Pennsylvania Corporation. Lawrence S. Herman, D.C., Nachas, Inc., Jason H. Herman, Mitchell Chiropractic Center, Thomas C. Mitchell, D.C., on behalf of themselves and all others similarly situated, Appellants v. Highmark, Inc. d/b/a Highmark Blue Cross Blue Shield and Pennsylvania Blue Shield, a non-profit Pennsylvania Corporation.

Commonwealth Court of Pennsylvania.

Decided November 4, 2010.

Attorney(s) appearing for the Case

Jerome M. Marcus, Wyncote, for appellants.

Jack M. Stover, Harrisburg, for appellee, Highmark, Inc.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Senior Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Lawrence S. Herman, D.C., Nachas, Inc., Jason H. Herman, Mitchell Chiropractic Center and Thomas C. Mitchell, D.C., (together, Herman) appeal from the December 31, 2009, order of the Court of Common Pleas of York County (trial court), which sustained preliminary objections filed by Capital Blue Cross, a nonprofit Pennsylvania Corporation (Capital), and Highmark, Inc., d/b/a Highmark Blue Cross...

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