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ST. LOUIS UNIV. v. BLUE CROSS HOSP. SERV.

Nos. 75-1274, 75-1293.

537 F.2d 283 (1976)

ST. LOUIS UNIVERSITY, etc., Appellant-Appellee, v. BLUE CROSS HOSPITAL SERVICE, etc., et al., Appellees-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1976.

Rehearing and Rehearing Denied May 4, 1976.

As Modified May 10, 1976.

Attorney(s) appearing for the Case

Thomas V. Connelly, St. Louis, Mo., for St. Louis University, etc.; Michael B. McKinnis and Gary T. Carr, St. Louis, Mo., on the brief.

David M. Cohen, Atty., Civil Div., U. S. Dept. of Justice, Washington, D. C., for Blue Cross Hospital Service, etc., et al.; Rex E. Lee, Asst. Atty. Gen., Robert K. Kopp, Atty., Civil Div., U. S. Dept. of Justice, Washington, D. C., and Donald J. Stohr, U. S. Atty., St. Louis, Mo., on the brief.

Weissburg and Aronson, Inc., Carl Weissburg and Lyle R. Mink, Los Angeles, Cal., on the brief for American Hospitals, amicus curiae.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and BRIGHT, Circuit Judge.

Rehearing and Rehearing En Banc Denied May 4, 1976.

BRIGHT, Circuit Judge.

These appeals follow an action brought by St. Louis University challenging certain HEW-mandated procedures and seeking to recover alleged overcharges repaid to HEW by appellant pursuant to an administrative determination by appellees Blue Cross Hospital Service, Inc. of St. Louis and the Blue Cross Association. The dispute arises from services rendered and payments made during appellant...

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