DE MODENA v. KAISER FOUNDATION HEALTH PLAN, INC.

Nos. 83-5720, 83-5721.

743 F.2d 1388 (1984)

Mario DE MODENA, dba Sixth Avenue Pharmacy, et al., Plaintiffs-Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants-Appellees. PORTLAND RETAIL DRUGGISTS ASSOCIATION, INC., Plaintiff-Appellant, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1984.


Attorney(s) appearing for the Case

Roger Tilbury, Portland, Or., for plaintiffs-appellants.

Jesse Grove, III, San Francisco, Cal., for defendants-appellees.

Before BROWNING and NORRIS, Circuit Judges, and KING, District Judge.


NORRIS, Circuit Judge:

I. FACTS

Appellants are retail pharmacies located in Oregon and California. Appellees are the related corporations — including regional health plans, regional medical groups, and non-profit hospitals — that make up the Kaiser-Permanente Medical Care Program.

Appellees provide health care in a manner substantially different from the traditional fee-for-service method...

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