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MANASEN v. CALIFORNIA DENTAL SERVICES

Nos. 77-1751, 77-1752.

638 F.2d 1152 (1979)

Sheridan MANASEN et al., Plaintiff-Appellant (Cross-Appellee), v. CALIFORNIA DENTAL SERVICES, Defendant-Appellee (Cross-Appellant).

United States Court of Appeals, Ninth Circuit.

As Amended March 15, 1979.

Attorney(s) appearing for the Case

John L. Cooper (argued), of Farella, Braun & Martel, San Francisco, Cal., for plaintiff-appellant (cross-appellee).

Peter A. Sloss (argued), of Martin, Munter & Keegin, San Francisco, Cal., for defendant-appellee (cross-appellant).

Before CHOY and SNEED, Circuit Judges, and KERR, District Judge.

PER CURIAM:

Eleven California dentists, six of whom are participating dentists and five of whom are non-participating dentists under California Dental Services (CDS), a non-profit prepaid dental care plan, brought a class action against CDS. They allege both primary and secondary boycott by CDS and its subscribers against non-participating dentists, as well as coercion, price-fixing and intimidation. We reverse and remand.

Under § 2(b) of the McCarran...

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