MacARTHUR v. MASSACHUSETTS HOSPITAL SERVICE, INC.


343 Mass. 670 (1962)

180 N.E.2d 449

HAROLD MacARTHUR vs. MASSACHUSETTS HOSPITAL SERVICE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

February 23, 1962.


Attorney(s) appearing for the Case

Earle C. Parks, (Owen P. Maher with him,) for the plaintiff.

James O. Smith, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & SPIEGEL, JJ.


SPIEGEL, J.

The plaintiff seeks a declaration under G.L.c. 231A determining his right to payment for hospital expenses under a contract with the defendant. The case was reserved and reported by a single justice upon the pleadings and a statement of agreed facts.

In 1939 the plaintiff subscribed to the services offered by the defendant, Massachusetts Hospital Service, Inc., better known as the "Blue Cross," and received...

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