BRODERICK v. ASSOCIATED HOSP. SERV. OF PHILADELPHIA

No. 75-2138.

536 F.2d 1 (1976)

Carole BRODERICK et al., Appellants, v. The ASSOCIATED HOSPITAL SERVICE OF PHILADELPHIA, trading as Blue Cross of Greater Philadelphia and the Medical Service Association of Pennsylvania, trading as Pennsylvania Blue Shield, Appellees, Candace S. Cummings et al., Intervenor-Plaintiffs.

United States Court of Appeals, Third Circuit.

Decided May 6, 1976.


Attorney(s) appearing for the Case

Carole Broderick, Donald L. Weinberg, Harold E. Kohn, Kohn, Savett, Marion & Graf, Tom P. Monteverde, Philadelphia, Pa., for appellants.

Raymond T. Cullen, Philadelphia, Pa., for appellee The Associated Hospital Service of Philadelphia; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Morris R. Brooke, Drinker, Biddle & Reath, Philadelphia, Pa., for appellee The Medical Service Assn. of Pennsylvania; Thomas Biddle Harvey, Jr., Philadelphia, Pa., of counsel.

Helen H. Cutner, Philadelphia, Pa., for amicus curiae, American Civil Liberties Foundation of Pennsylvania.


GARTH, Circuit Judge.

On this appeal we must determine whether the mere requirement that Pennsylvania approve Blue Cross and Blue Shield contracts and the rates to be charged their subscribers is sufficient to constitute "state action" which would support a complaint brought pursuant to 42 U.S.C. § 1983. The plaintiffs' civil rights complaint1 attacks the defendants' enrollment and rate policies claiming that they discriminate against...

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