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KARTELL v. BLUE SHIELD OF MASS., INC.

No. 78-1349.

592 F.2d 1191 (1979)

James P. KARTELL, M.D., et al., Plaintiffs, Appellants, v. BLUE SHIELD OF MASSACHUSETTS, INC., and Blue Cross of Massachusetts, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 2, 1979.

Attorney(s) appearing for the Case

David I. Shapiro, Washington, D.C., with whom James van R. Springer, Dickstein, Shapiro & Morin, Washington, D.C., John F. Sherman, III, and Warner & Stackpole, Boston, Mass., were on brief, for appellants.

Daniel O. Mahoney, Boston, Mass., with whom Reginald H. Howe, and Palmer & Dodge, Boston, Mass., were on brief, for appellees.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Defendant Blue Shield of Massachusetts, Inc. and Blue Cross of Massachusetts, Inc. are nonprofit, tax exempt medical service and hospital service corporations, organized to provide "for the preservation of the public health by furnishing medical services at low cost to members of the public who become subscribers. . . ." 1941 Mass.Acts c. 306, preamble. Mass.G.L. c. 176B (Blue Shield); c. 176A (Blue Cross). Defendant Blue Shield pays...

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