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NATIONAL GERIMEDICAL HOSPITAL v. BLUE CROSS

No. 80-802.

452 U.S. 378 (1981)

NATIONAL GERIMEDICAL HOSPITAL AND GERONTOLOGY CENTER v. BLUE CROSS OF KANSAS CITY ET AL.

Supreme Court of United States.

Decided June 15, 1981.

Attorney(s) appearing for the Case

Erwin N. Griswold argued the cause for petitioner. With him on the briefs were Joe Sims and James M. Beck.

Joshua F. Greenberg argued the cause for respondents. With him on the brief were Abraham Ribicoff, Richard M. Steuer, Harry P. Thomson, Jr., Jennifer A. Gille, John C. Noonan, and Max O. Bagley.

Solicitor General McCree argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Assistant Attorney General Favretto, Deputy Solicitor General Wallace, Stephen M. Shapiro, Barry Grossman, and Andrea Limmer.*

JUSTICE POWELL delivered the opinion of the Court.

The petitioner in this case, National Gerimedical Hospital and Gerontology Center (National Gerimedical) filed an antitrust suit against respondents, Blue Cross of Kansas City (Blue Cross) and the national Blue Cross Association, challenging the refusal of Blue Cross to accept petitioner as a participating member provider under its health insurance plan. The issue presented here is whether this refusal by Blue Cross...

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