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AMERICAN FAMILY LIFE ASSUR. CO. v. BLUE CROSS OF FLA., INC.

No. 72-3447.

486 F.2d 225 (1973)

AMERICAN FAMILY LIFE ASSURANCE CO. OF COLUMBUS, Plaintiff-Appellant, v. BLUE CROSS OF FLORIDA, INC., and Blue Shield of Florida, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 5, 1973.

Attorney(s) appearing for the Case

Malcolm A. Hoffmann, Bernard Zucker, Robert W. Bigger, Jr., Edward A. Woolley, New York City, Carey, Dwyer, Austin, Cole & Selwood, P. A., Miami, Fla., David Bender, New York City, for plaintiff-appellant.

James J. Kenny, Miami, Fla., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge:

The American Family Life Assurance Company of Columbus, Georgia, sued Blue Cross and Blue Shield of Florida. The complaint charged that enforcement of a "coordination of benefits" provision contained in defendants' plans for hospital and surgical benefits violated Section 1 of the Sherman Act, 15 U.S.C. § 1. Specifically, it was urged that the practice constituted boycott, coercion, intimidation, and other prohibited restraints of trade...

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