STUART CIRCLE HOSP. CORP. v. AETNA HEALTH MANAGEMENT

No. 92-1964.

995 F.2d 500 (1993)

STUART CIRCLE HOSPITAL CORPORATION, Plaintiff-Appellant, v. AETNA HEALTH MANAGEMENT; Aetna Life Insurance Company, Defendants-Appellees. HCA Health Services of Virginia, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1993.


Attorney(s) appearing for the Case

Peter B. Edelman, Keck, Mahin & Cate, Washington, DC, argued (Philip L. O'Neill, Keck, Mahin & Cate, Washington, DC, William R. Rakes, J. Scott Sexton, Gentry, Locke, Rakes & Moore, Roanoke, VA, on brief), for plaintiff-appellant.

William Jeffrey Kilberg, Gibson, Dunn & Crutcher, Washington, DC, argued (Paul Blankenstein, Jeffrey T. Gilleran, Gibson, Dunn & Crutcher, Washington, DC, John B. McCammon, Laura G. Fox, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, VA, on brief), for defendants-appellees.

William D. Iverson, William J. Shieber, Covington & Burling, Washington, DC, for amicus curiae.

Before BUTZNER, Senior Circuit Judge, VOORHEES, Chief United States District Judge for the Western District of North Carolina, sitting by designation, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

BUTZNER, Senior Circuit Judge:

Stuart Circle Hospital Corporation appeals the district court's grant of summary judgment against it and in favor of Aetna Health Management and Aetna Life Insurance Company. See Stuart Circle Hospital Corp. v. Aetna Health Management, 800 F.Supp. 328 (E.D.Va.1992). The Hospital alleges that the district court erred by holding that Virginia Code § 38.2-3407, which prohibits...

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