KARTELL v. BLUE SHIELD OF MASSACHUSETTS, INC.

No. 82-1134.

687 F.2d 543 (1982)

James P. KARTELL, M.D., et al., Plaintiffs-Appellees, and Grant V. Rodkey, M.D., et al., Intervenor-Plaintiffs-Appellants, v. BLUE SHIELD OF MASSACHUSETTS, INC., et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided September 8, 1982.


Attorney(s) appearing for the Case

Kenneth Laurence, with whom Thayer Fremont-Smith, Michael K. Loucks, Lee T. Gesmer, and Choate, Hall & Stewart, Boston, Mass., were on brief, for intervenor-plaintiffs-appellants.

Reginald H. Howe, with whom Daniel O. Mahoney, Douglas H. Wilkins, and Palmer & Dodge, Boston, Mass., were on brief, for defendants-appellees.

Christopher E. Nolin, with whom Stanley V. Ragalevsky, Deborah A. Laupheimer, Warner & Stackpole, Boston, Mass., James vanR. Springer, and Dickstein, Shapiro & Morin, Washington, D. C., were on brief, for plaintiffs-appellees.

Before CAMPBELL and BREYER, Circuit Judges, and ROSENN, Senior Circuit Judge.


ROSENN, Senior Circuit Judge.

This appeal brings to the court an internecine dispute among members of the Massachusetts Medical Society (Society) regarding how best to challenge payment practices of Blue Cross of Massachusetts, Inc. (Blue Cross) and Blue Shield of Massachusetts, Inc. (Blue Shield) that effectively limit the fees that can be earned by Massachusetts physicians who render services to Blue Cross and Blue Shield subscribers. The case comes to us in an...

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