BORLAND, ET AL. v. BAYONNE HOSPITAL, ET AL.


122 N.J. Super. 387 (1973)

300 A.2d 584

JOHN BORLAND, JR., ET AL., PLAINTIFFS, v. BAYONNE HOSPITAL, ET AL., DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided January 22, 1973.


Attorney(s) appearing for the Case

Messrs. Krieger & Chodash, attorneys for plaintiffs, by Mr. Harold Krieger.

Messrs. Smith, Stratton, Wise & Heher, attorneys for defendant, Bayonne Hospital, by Mr. John R. Heher.

Messrs. Lebson & Prigoff, attorneys for defendant, Englewood Hospital Association, by Mr. John F. Fegelein.

Messrs. Morrison & Griggs, attorneys for defendant, Greater Paterson General Hospital, by Mr. Donald W. de Cordova.

Messrs. Winne & Banta, attorneys for defendant, Hackensack Hospital Association, by Mr. Peter G. Banta.

Messrs. Kein, Pollatschek & Iacopino, attorneys for defendant, Irvington General Hospital, by Mr. Vincent J. Iacopino.

Messrs. Breslin & Breslin, attorneys for the defendant, Holy Name Hospital, by Mr. Charles Rodgers.

Messrs. Riker, Danzig, Scherer & Brown, attorneys for defendants, The Hospital Center at Orange and Saint Barnabas Medical Center, by Mr. Dickinson R. DeBevoise.

Messrs. Schenck, Price, Smith & King, attorneys for defendant, Morristown Memorial Hospital, by Mr. Clifford W. Starrett.

Messrs. Booth, Bate, Hagoort, Keith & Harris, attorneys for defendant, The Mountainside Hospital, by Mr. David S. Bate.

Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys for defendant, Newark Beth Israel Medical Center, by Mr. Bruce D. Shoulson.

Messrs. Clapp & Eisenberg, attorneys for defendant, Riverdell Hospital, by Mr. Stuart L. Pachman.

Messrs. McCann & McCann, attorneys for defendant, Saddle Brook Hospital, by Mr. Edmund V. McCann.

Messrs. Milton, Keane & Brady, attorneys for defendants, St. Michael's Medical Center and St. Mary's Hospital of Hoboken, by Mr. William F. Tuohey.

Messrs. Johnson, Johnson & Murphy, attorneys for defendant, St. Joseph's Hospital, by Mr. William F. Johnson, Jr.

Messrs. Mandak, Roth & Ferrante, attorneys for defendant, St. Mary's Hospital of Passaic, by Mr. Frank A. Ferrante.

Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney for defendants, Commissioner of Insurance and Commissioner of Health, by Mr. Mark L. First, Deputy Attorney General.

Messrs. Pitney, Hardin & Kipp, attorneys for defendant, Hospital Service Plan of New Jersey, by Mr. Clyde A. Szuch.

Mr. Herbert Alterman, attorney for defendant, Beth Israel Hospital.

Mr. Michael J. Ferrara, attorney for defendant, Bergen Pines County Hospital.

Messrs. Smith, Kramer & Morrison, attorneys for defendant, Clara Maas Memorial Hospital.

Messrs. Giordano, Giordano & Halleran, attorneys for defendant, Monmouth Medical Center.

Messrs. Wilentz, Goldman, & Spitzer, attorneys for defendant South Amboy Memorial Hospital.


FINK, J.S.C.

Plaintiffs, Trustees of the Welfare Fund of Local 464, Amalgamated Meat Cutters and Food Store Employees Union, AFL-CIO (hereinafter "union"), and Howard Marks, a union member and eligible beneficiary of the union welfare plan, have instituted the within action against 22 New Jersey hospitals, the Hospital Service Plan of New Jersey (herein impleaded as "The Blue Cross-Blue Shield Plan of New Jersey"), the New Jersey Commissioner of Insurance and the...

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