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N.H.-VT. HOSP. SERV. v. WHALAND

No. 6723.

114 N.H. 92 (1974)

NEW HAMPSHIRE-VERMONT HOSPITALIZATION SERVICE v. FRANCIS E. WHALAND, INSURANCE COMMISSIONER.

Supreme Court of New Hampshire.

February 15, 1974.

Attorney(s) appearing for the Case

Upton, Sanders & Smith (Mr. Richard F. Upton orally) for the plaintiff.

Warren B. Rudman, attorney general, and Edward A. Haffer, attorney (Mr. Haffer orally), for the defendant.

KENISON, C.J.

The primary issue in this case is the legality of the defendant insurance commissioner's order of May 14, 1973, in reference to the operation of the Blue Cross plan in New Hampshire. The commissioner ordered an annualized rate increase of 4.7 percent, which was substantially less than that sought by the plaintiff, and required the plaintiff by supplemental orders to:

1. Eliminate existing distinctions...

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