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WESTMORELAND HOSP. ASS'N v. BLUE CROSS, ETC.

No. 78-2491.

605 F.2d 119 (1979)

WESTMORELAND HOSPITAL ASSOCIATION, a non-profit corporation, Latrobe Area Hospital, a non-profit corporation, The Altoona Hospital, a non-profit corporation, The Hamot Medical Center of Erie, Pennsylvania, a non-profit corporation, Meadville City Hospital, a non-profit corporation, Saint Vincent Health Center, a non-profit corporation, Community Mental Health Center of Beaver County, a non-profit corporation, South Hills Health System, a non-profit corporation, and Henry Clay Frick Community Hospital, a non-profit corporation, Appellants, v. BLUE CROSS OF WESTERN PENNSYLVANIA, a non-profit corporation, Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided September 10, 1979.

Attorney(s) appearing for the Case

Raymond G. Hasley (argued), Rose, Schmidt, Dixon, Hasley, Whyte & Hardesty, Pittsburgh, Pa., B. Patrick Costello, Costello & Berk, Greensburg, Pa., H. Reginald Belden, Jr., Stewart, Belden, Herrington & Belden, Greensburg, Pa., for appellants.

Edward L. Springer (argued), Joseph Friedman, Stephen F. Ban, Springer & Perry, Pittsburgh, Pa., for appellee Blue Cross of Western Pennsylvania.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal requires us to decide if there is federal question jurisdiction under 28 U.S.C. § 1331(a)1 to hear a claim brought by nine community hospitals against Blue Cross of Western Pennsylvania. The hospitals originally filed suit in the Court of Common Pleas of Westmoreland County, Pennsylvania to enjoin Blue Cross from computing...

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