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BLUE CROSS ASS'N v. HARRIS

No. 80-1044.

664 F.2d 806 (1981)

BLUE CROSS ASSOCIATION, et al., Plaintiffs-Appellees, v. Patricia R. HARRIS, et al., Defendants-Appellants, and WYOMING HOSPITAL ASSOCIATION, et al., Plaintiffs-Appellees, v. Patricia R. HARRIS, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 20, 1981.

Attorney(s) appearing for the Case

Lloyd M. Weinerman, Dept. of Health and Human Services, Baltimore, Md. (Alice Daniel, Asst. Atty. Gen., Civ. Div., Washington, D. C., and Charles E. Graves, U. S. Atty., Cheyenne, Wyo., with him on the brief), for defendants-appellants.

James C. Munson of Kirkland & Ellis, Chicago, Ill. (James D. Adducci and Kathleen Kelly Spear of Kirkland & Ellis, Chicago, Ill., and Byron Hirst and Thomas A. Nicholas of Hirst & Applegate, Cheyenne, Wyo., with him on the brief), for plaintiffs-appellees, Blue Cross Association, et al.

Wayne J. Fowler of Saunders, Snyder, Ross & Dickson, P. C., Denver, Colo. (William J. Kirven III, of Saunders, Snyder, Ross & Dickson, P. C., Denver, Colo., B. D. Trierweiler, Franklin D. Bayless, and James H. Barrett of Trierweiler, Bayless, Barrett & McCartney, Cheyenne, Wyo., Merlin O. Baker and Kent H. Murdock of Ray, Quinney & Nebeker, Salt Lake City, Utah; and Richard L. Epstein and Jay H. Hedgepeth, Chicago, Ill., with him on the brief), for plaintiffs-appellees Wyoming Hospital Association, et al.

Before SETH, Chief Judge, and HOLLOWAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

In these consolidated cases, Blue Cross and various hospital associations (plaintiffs) sought a preliminary injunction barring the Secretary of Health, Education and Welfare, now Health and Human Services (HHS), and the administrator of the Health Care Financing Administration (defendants) from seeking competitive bids for administering the Medicare program on an experimental basis in Wyoming, Colorado and Utah. The trial court enjoined defendants...

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