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HCA HEALTH SERVICES v. METROPOLITAN LIFE INS.

Nos. 91-2606, 91-2609.

957 F.2d 120 (1992)

HCA HEALTH SERVICES OF VIRGINIA, t/a Henrico Doctors' Hospital; Richmond Community Hospital, a Virginia non-stock Corporation; Richmond Eye and Ear Hospital, a Virginia non-stock Corporation, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation; MetLife Healthcare Management Corporation, a Delaware Corporation, Defendants-Appellees. HCA HEALTH SERVICES OF VIRGINIA, t/a Henrico Doctors' Hospital; Richmond Community Hospital, a Virginia non-stock Corporation; Richmond Eye and Ear Hospital, a Virginia non-stock Corporation, Plaintiffs-Appellees, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation; MetLife Healthcare Management Corporation, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1992.

Attorney(s) appearing for the Case

William R. Rakes and Gregory J. Haley, Gentry, Locke, Rakes & Moore, Roanoke, Va., argued, for HCA Health Services of Virginia, et al.

Robert F. Callahan, New York City, argued (William R. Toppeta, on brief), for Metropolitan Life Ins. Co., et al.

Before ERVIN, Chief Judge, TILLEY, District Judge for the Middle District of North Carolina, sitting by designation, and HERLONG, District Judge for the District of South Carolina, sitting by designation.

OPINION

ERVIN, Chief Judge:

This case concerns a motion by appellants, HCA Health Services of Virginia, Inc., t/a Henrico Doctors' Hospital, Richmond Community Hospital, Inc., and Richmond Eye and Ear Hospital (hereinafter the "Hospitals"), to withdraw their appeal against Metropolitan Life Insurance Company and MetLife Healthcare Management Corp. (hereinafter "Metropolitan"). The district court held that Metropolitan's establishment of a Preferred Provider...

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