BERNARD B., Shirley B., and Lynette D., individually and on behalf of all others similarly situated; Council of Municipal Hospital Boards; John Gardiner, as President of the Council of Municipal Hospital Boards, Plaintiffs,
v.
BLUE CROSS AND BLUE SHIELD OF GREATER NEW YORK; Albert B. Lewis, individually and as Superintendent of the State of New York Insurance Department; New York City Health and Hospitals Corporation, Defendants.
United States District Court, S. D. New York.https://leagle.com/images/logo.png
September 28, 1981.
September 28, 1981.
Attorney(s) appearing for the Case
New York Lawyers for the Public Interest, Inc., New York City, for plaintiffs; Minna J. Kotkin, New York City, of counsel.
Community Action for Legal Services, Inc., New York City, for plaintiff, John Gardiner and Council of Municipal Hospital Boards; Ira S. Bezoza, New York City, of counsel.
Washington Square Legal Services, Inc., New York City, for plaintiff, John Gardiner and Council of Municipal Hospital Boards; Janet M. Calvo, Paula Galowitz, New York City, of counsel.
Breed, Abbott & Morgan, New York City, for Blue Cross and Blue Shield of Greater New York; Robert A. Bicks, New York City, of counsel.
Robert Abrams, Atty. Gen., New York City, for Albert B. Lewis and the State of N. Y. Ins. Dept.; Donald Sticklor, Asst. Atty. Gen., New York City, of counsel.
Allen G. Schwartz, Corp. Counsel for the City of New York, for New York City Health and Hospitals Corp.; Bradley A. Sacks, Asst. Corp. Counsel, Brooklyn, N. Y., of counsel.
United States District Court, S. D. New York.
OPINION
SAND, District Judge.
Introduction
Plaintiffs Bernard B., Shirley B., and Lynette D.,1 suing individually and on behalf of an as yet uncertified class, as well as two institutional plaintiffs,2 challenge a practice which prevailed until November 6, 1980, of excluding from basic Blue Cross and Blue Shield of Greater New York (hereinafter "Blue Cross") insurance coverage psychiatric...
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