FLORIDA MEDICAL ASS'N v. DEPARTMENT OF HEALTH, ETC.

No. 78-178-Civ-J-S.

454 F.Supp. 326 (1978)

FLORIDA MEDICAL ASSOCIATION, INC., a Florida corporation, on behalf of its members, Louis C. Murray, M.D., Jack McCris, M.D., Jere Annis, M.D., O. William Davenport, M.D., Robert E. Windom, M.D., and Charles H. Berchert, M.D., on behalf of themselves and all others similarly situated, Plaintiffs, and American Medical Association, on behalf of its members, and Robert B. Hunter, M.D., Frank J. Jirka, Jr., M.D., Lowell H. Steen, M.D., Harold Gurgone, Walter E. Schrange, Plaintiffs (Intervenors) and Broward County Medical Society, Amicus Curiae, v. DEPARTMENT OF HEALTH, EDUCATION & WELFARE, Joseph A. Califano, Jr., Secretary of Health, Education & Welfare, Blue Shield of Florida, Inc., a Florida Corporation, and Group Health, Inc., a Florida Corporation, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

July 11, 1978.


Attorney(s) appearing for the Case

John Slye, Jacksonville, Fla., for Blue Shield of Florida, Inc.

Steve J. Cohen, Miami, Fla., for Group Health, Inc.

Ernst D. Mueller, Asst. U. S. Atty., Jacksonville, Fla., for government — HEW.

Henry R. Goldberg, Columbia, Md., Vicki Schulkin, Washington, D. C., for HEW.

Peter L. Dearing, Jacksonville, Fla., for Florida Medical Ass'n, Inc.

Jack R. Bierig, Chicago, Ill., for American Medical Ass'n.

William DeF. Thompson, Fort Lauderdale, Fla., for Broward County Medical Society.


OPINION

CHARLES R. SCOTT, Senior District Judge.

This case is before the Court on a stipulation by the parties for a consolidated ruling by the Court on the merits of the case with the plaintiffs' preliminary injunction motion, based on the complete record of evidence presented at prior hearings as well as affidavits, memoranda of law, and other documents filed by the parties. Plaintiffs1

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