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BLUE CROSS OF VIRGINIA v. COM.

Record No. 771122.

239 S.E.2d 94 (1977)

BLUE CROSS OF VIRGINIA and Blue Shield of Virginia v. COMMONWEALTH of Virginia at the relation of the STATE CORPORATION COMMISSION.

Supreme Court of Virginia.

November 23, 1977.

Attorney(s) appearing for the Case

Alexander H. Slaughter, Richmond (William H. King, Sr., Gilbert E. Schill, Jr., Elizabeth M. Allen, Clinton W. Calhoun, III, McGuire, Woods & Battle, Richmond, on briefs), for appellants.

Robert D. Perrow, Asst. Atty. Gen., Peter B. Smith, Richmond (Anthony F. Troy, Atty. Gen., Henry M. Massie, Jr., Asst. Atty. Gen., Richard D. Rogers, Jr., Richmond, on briefs), for appellee.

Before CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARRISON, Justice.

The sole issue involved in this appeal is whether the State Corporation Commission has jurisdiction to decide the constitutionality of Code § 32-195.10:1, as amended in 1973. The Commission denies it has such jurisdiction, relying on Code § 32-195.20.

Section 32-195.10:1 concerns services of certain practitioners other than physicians to be covered and provides:

"No plan for furnishing prepaid medical and surgical, and...

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