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W. VA. PUB. EMP. INS. v. BLUE CROSS HOSP. SERV.

No. 16094.

328 S.E.2d 356 (1985)

W. VA. PUBLIC EMPLOYEES INSURANCE BOARD v. BLUE CROSS HOSPITAL SERVICE INCORPORATED, a corporation, and Blue Shield of Southern West Virginia, Incorporated, a corporation, and Health Service, Incorporated, a corporation.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion March 25, 1985.

Attorney(s) appearing for the Case

Cletus B. Hanley, Charleston, for appellant.

M. Blane Michael and W.T. Shaffer, Jackson, Kelly, Holt & O'Farrell, Charleston, for Blue Cross.

Frederick L. Thomas, Jr., and George G. Guthrie, Spilman, Thomas, Battle & Klostermeyer, Charleston, for Health Service.

Philip S. Neal; Emmett B. Lewis, Joanne Thomas Asbill, Washington, D.C., for appellees.

BROTHERTON, Justice:

On August 25, 1972, the West Virginia Public Employees Insurance Board ("Board") distributed a letter inviting all interested parties to submit bids for life and health insurance coverage of West Virginia public employees. Enclosed with the invitation letter was a copy of the specifications upon which the insurance plan bids were to be based. Blue Cross and Blue Shield ("Blue Cross") was a recipient of the letter and presented its bid to the Board...

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