NATIONAL GERIMEDICAL HOSPITAL AND GERONTOLOGY CENTER, Appellant,
v.
BLUE CROSS OF KANSAS CITY, Blue Cross Association, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted April 15, 1980.
Decided July 22, 1980.
Rehearing and Rehearing Denied August 22, 1980.
Attorney(s) appearing for the Case
James M. Beck (argued), and Steven M. Leigh, Kansas City, Mo., on brief, for appellant.
Harry P. Thomson, Jr. (on brief), Shughart, Thomson & Kilroy, Kansas City, Mo., for Blue Cross of Kansas City, appellee; Dennis D. Palmer, Jennifer A. Gille, and Max O. Bagby, Bagby, Winger & Jacob, Kansas City, Mo., on brief.
John C. Noonan (on brief), Kansas City, Mo., for appellee, Blue Cross Assoc.; Randall E. Hendricks, Kansas City, Mo., Joshua F. Greenberg, New York City, and George Heitler, Joel E. Gimpel and Barbara Mayers, Blue Cross Ass'n, Chicago, Ill., on brief.
Carl Weissburg, J. Mark Waxman, Lenard Pick and Thomas H. Mabie, Los Angeles, Cal., and Donald I. Baker, Joe Sims, William E. Swope, and Tom D. Smith, Washington, D. C., on brief, for amicus, Federation of American Hospitals.
Deborah M. Schechter, Washington, D. C., on brief, for amicus, American Health Planning.
Before STEPHENSON and McMILLIAN, Circuit Judges, and SACHS, District Judge.
United States Court of Appeals, Eighth Circuit.
STEPHENSON, Circuit Judge.
The National Gerimedical Hospital, plaintiff-appellant, appeals from a summary judgment granted to defendant-appellee Blue Cross of Kansas City. National had charged Blue Cross and others1 with violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. The trial court2 found Blue Cross' activities to be taken pursuant to Public Law 93-641, the National Health...
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