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TRAVELERS INS. CO. v. BLUE CROSS OF WEST. PENNSYLVANIA

No. 72-1209.

481 F.2d 80 (1973)

The TRAVELERS INSURANCE COMPANY, a corporation, Appellant, v. BLUE CROSS OF WESTERN PENNSYLVANIA, a corporation.

United States Court of Appeals, Third Circuit.

Decided July 10, 1973.

Attorney(s) appearing for the Case

Frank L. Seamans, Donald C. Winson, Dale Hershey, David E. Tungate, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., and George D. Brodigan, Hartford, Conn., for appellant.

Robert J. Bagdasarian, Charles Kadish, Donald B. Da Parma, William B. Sneirson, Breed, Abbott & Morgan, New York City, and Edward L. Springer, Springer & Perry, Pittsburgh, Pa., for appellee.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Travelers Insurance Company appeals from the January 6, 1972, district court order dismissing its complaint against Blue Cross of Western Pennsylvania, which order was entered after a trial to the court, 361 F.Supp. 774. Travelers had charged Blue Cross with restraining trade, in violation of section 1 of the Sherman Act, 15 U.S.C. § 1 (1970),1

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