BLUE CROSS AND BLUE SHIELD OF KANSAS CITY v. BELL

No. 84-2700.

798 F.2d 1331 (1986)

BLUE CROSS AND BLUE SHIELD OF KANSAS CITY, Plaintiff-Appellant, v. Fletcher BELL, Commissioner of Insurance of the State of Kansas, Defendant-Appellee, and Kansas Optometric Association, Inc., Kansas Association of Professional Psychologists, and Kansas Chiropractic Association, Kansas Podiatry Association, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

August 15, 1986.


Attorney(s) appearing for the Case

Max O. Bagby, of Bagby, Jacob & Iliff, Kansas City, Mo. (J. Nick Badgerow, of McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., with him on briefs), for plaintiff-appellant.

Ted F. Fay, of the Kansas Ins. Dept., Topeka, Kan. (Pamela Sjoholm, Sp. Asst. Atty. Gen., Kansas Ins. Dept., Topeka, Kan., with him on brief), for defendant-appellee.

Larry L. Luttjohann, of Waggener, Arterburn & Luttjohann, Topeka, Kan., on brief for defendants-intervenors-appellees Kansas Optometric, Ass'n, Inc., Kansas Podiatry Ass'n, and Kansas Ass'n of Professional Psychologists.

Steven M. Dickson, of Dickson & Pope, P.A., Topeka, Kan., on brief for defendant-intervenor-appellee Kansas Chiropractic Ass'n.

Paul Scott Kelly, Jr. and John J. Yates of Gage & Tucker, Kansas City, Mo., and Daniel G. Galant, of the Office of the General Counsel, General Motors Corp., Detroit, Mich., filed an amicus curiae brief for General Motors Corp.

Before LOGAN, MOORE and ANDERSON, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Appellant Blue Cross and Blue Shield of Kansas City, Missouri (Blue Cross), initiated this action challenging the constitutionality of a recently enacted Kansas insurance statute. The district court denied the requested injunctive and declaratory relief. Blue Cross and Blue Shield of Kansas City v. Bell, 596 F.Supp. 1053 (D.Kan.1984). During the interval between the perfecting of the appeal...

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