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GLEN EDEN HOSP. v. BLUE CROSS & BLUE SHIELD OF MICH.

No. 83-1165.

740 F.2d 423 (1984)

GLEN EDEN HOSPITAL, INC., A Michigan Corporation, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 16, 1984.

Attorney(s) appearing for the Case

Rita A. McConnell, Robins, Zelle, Larson & Kaplan, James R. Safley (argued), Minneapolis, Minn., Jerome C. Gropman, Dennis Peppler, Gropman & Peppler, Southfield, Mich., for plaintiff-appellant.

Michael T. Zajac, Detroit, Mich., Joshua F. Greenberg (argued), Kaye, Scholer, Fierman, Hays & Handler, New York City, for defendant-appellee.

Before LIVELY, Chief Judge, CONTIE, Circuit Judge, and WEICK, Senior Circuit Judge.

LIVELY, Chief Judge.

The district court granted summary judgment in favor of the defendant, Blue Cross and Blue Shield of Michigan, Inc. (Blue Cross) in this antitrust action. The plaintiff, Glen Eden Hospital, Inc., (Glen Eden) charged Blue Cross with violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2 (1976). In granting the defendant's motion for summary judgment the district court applied the "rule of reason" rather than the per se...

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