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TRINITY MEMORIAL HOSP. OF CUDAHY, INC. v. ASSOC. HOSP. SERVICE, INC.

No. 77-1069.

570 F.2d 660 (1977)

TRINITY MEMORIAL HOSPITAL OF CUDAHY, INC., Plaintiff-Appellee, v. ASSOCIATED HOSPITAL SERVICE, INC., d/b/a the Wisconsin Blue Cross Plan, Blue Cross Association, and Joseph Califano, Secretary of Health, Education and Welfare, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 16, 1977.

Attorney(s) appearing for the Case

William J. Mulligan, U. S. Atty., Milwaukee, Wis., Morton Hollander, Richard A. Olderman, Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Robert A. Wilmot, Jack Meyer, Milwaukee, Wis., for plaintiff-appellee.

Before CUMMINGS and PELL, Circuit Judges, and MARSHALL, District Judge.

PELL, Circuit Judge.

Defendants Associated Hospital Service, Inc. (Plan), Blue Cross Association (BCA), and Califano (the Secretary) appeal from an order of the district court denying the defendants' motion to dismiss and granting plaintiff Trinity Hospital's motion for summary judgment and remanding the case to the Secretary for further proceedings. The first ground of the defendants' motion to dismiss was that the district court lacked jurisdiction over the subject...

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