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WESTCHESTER RADIOLOGICAL ASSOCIATES v. EMPIRE BLUE CROSS AND BLUE SHIELD, INC.

No. 1349, Docket 89-7305.

884 F.2d 707 (1989)

WESTCHESTER RADIOLOGICAL ASSOCIATES, P.C., et al., Plaintiffs-Appellants, v. EMPIRE BLUE CROSS AND BLUE SHIELD, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 14, 1989.

Attorney(s) appearing for the Case

Daniel P. Levitt, New York City, Reid & Priest (Norton L. Travis, Garfunkel, Wild & Travis, P.C., of counsel), for plaintiffs-appellants.

Robert A. Bicks, New York City, Breed, Abbott & Morgan (Howard S. Wolfson, of counsel), for defendant-appellee.

Vedder, Price, Kaufman & Kammholz, Chicago, Ill. (Paul G. Gebhard, William C. Glynn, of counsel), for American College of Radiology, amicus curiae.

Before FEINBERG and NEWMAN, Circuit Judges, and DUMBAULD, District Judge.

PER CURIAM:

Plaintiffs-appellants, a majority of the hospital-based radiologists in 17 downstate counties in and around New York City, appeal from an order of the United States District Court for the Southern District of New York, Kimba M. Wood, J., granting the motion for summary judgment of defendant-appellee Empire Blue Cross and Blue Shield, Inc. ("Empire"). Appellants challenge the arrangements between Empire and the downstate hospitals, whereby inpatient radiological...

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