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NELSON v. BLUE SHIELD OF MASSACHUSETTS, INC.

377 Mass. 746 (1979)

387 N.E.2d 589

NORMAN D. NELSON & others vs. BLUE SHIELD OF MASSACHUSETTS, INC. (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1979.

Attorney(s) appearing for the Case

Arnold Manthorne (Stanley V. Ragalevsky with him) for Norman D. Nelson & others.

Reginald H. Howe (Daniel O. Mahoney with him) for Blue Shield of Massachusetts, Inc.

Paul W. Johnson, Assistant Attorney General, for the Commissioner of Insurance.

James M. Walsh, Andrew Kisseloff & Anne M. Maguire, for Massachusetts Federation of Physicians and Dentists, Inc., submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & ABRAMS, JJ.

BRAUCHER, J.

The plaintiffs, medical associations and individual doctors, brought two class actions against Blue Shield of Massachusetts, Inc. (Blue Shield), the only "medical service corporation" operating under G.L.c. 176B, attacking the propriety of Blue Shield's current methods of compensating its participating physicians. A judge of the Superior Court reported the cases to the Appeals Court, and we allowed an application...

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