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REESE v. ASSOCIATED HOSPITAL SERVICE

No. 60.

45 Wis.2d 526 (1970)

173 N.W.2d 661

REESE, Appellant, v. ASSOCIATED HOSPITAL SERVICE, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided February 3, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bruce Gillman and Arthur, Tomlinson & Gillman, all of Madison, and oral argument by Bruce Gillman.

For the respondents other than Columbia Hospital, Evangelical Deaconess Hospital, and St. Mary's Hospital there was a brief by Steven E. Keane, James P. Brody, and Foley, Sammond & Lardner, all of Milwaukee, and by Jerome J. Foley, Garth Seehawer, and Foley, Capwell, Foley & Seehawer, all of Racine, and oral argument by Mr. Keane.

For the respondent St. Mary's Hospital there was a brief by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

A brief amicus curiae was filed by Robert W. Warren, attorney general, and George F. Sieker and Bruce A. Craig, assistant attorneys general.

ROBERT W. HANSEN, J.

The plaintiff insurance agent contends that the three percent discount secured by Blue Cross under its contracts with the hospitals is, as to uninsured patients or those who have coverage under contracts with commercial insurance companies, an unreasonable restraint of trade, statutorily prohibited in Wisconsin.

Three statutes are here involved:

(1) The hospital service corporations statute...

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