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CHARLESTON AREA MED. CTR. INC. v. BLUE CROSS AND BLUE SHIELD MUTUAL OF OHIO, INC.

Nos. 92-1746, 93-1053.

6 F.3d 243 (1993)

CHARLESTON AREA MEDICAL CENTER, INCORPORATED, a West Virginia non-profit corporation; Cabell Huntington Hospital, Incorporated, a West Virginia non-profit corporation; City Hospital, Incorporated, a West Virginia non-profit, non-stock corporation; Fairmont General Hospital, Incorporated, a West Virginia non-profit, non-stock corporation; Herbert J. Thomas Memorial Hospital, a West Virginia non-profit, non-stock corporation; Monongalia County General Hospital Company, a West Virginia non-profit, non-stock corporation; St. Francis Hospital of Charleston, Incorporated, a West Virginia non-profit, non-stock corporation; St. Marys Hospital of Huntington, Incorporated, a West Virginia non-profit, non-stock corporation; Stonewall Jackson Memorial Hospital Company, Incorporated, a West Virginia non-profit, non-stock corporation; United Hospital Center, Incorporated, a West Virginia non-profit, non-stock corporation; Raleigh General Hospital, a West Virginia corporation; Teays Valley Health Services, Incorporated, a West Virginia corporation; Weirton Medical Center, Incorporated, a West Virginia non-profit, non-stock corporation, Plaintiffs-Appellees, v. BLUE CROSS AND BLUE SHIELD MUTUAL OF OHIO, INCORPORATED, Defendant-Appellant, and Blue Cross and Blue Shield Association, Defendant, National Association of Insurance Commissioners; Ohio Department of Insurance, Amici Curiae (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1993.

Attorney(s) appearing for the Case

James Crawford Roberts, Mays & Valentine, Richmond, VA, argued (M. Scott Hart, Mays & Valentine, Paul S. Lefkowitz, John E. Schiller, Kimberly M. Orch, Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A., Cleveland, OH, on the brief), for defendant-appellant.

Donald B. Ayer, Jones, Day, Reavis & Pogue, Washington, DC, argued (Gregory M. Luce, Timothy E. Flanigan, Steven J. Mintz, Jones, Day, Reavis & Pogue, Washington, DC, on the brief), for plaintiffs-appellees.

Before HAMILTON, Circuit Judge, HEANEY, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

HEANEY, Senior Circuit Judge:

The Charleston Area Medical Center and twelve other West Virginia health care providers ("the Hospitals") sued Blue Cross and Blue Shield Mutual of Ohio, Inc., ("the Cleveland Plan") for recovery of over $7.4 million in unpaid bills owed by Blue Cross and Blue Shield of West Virginia, Inc. ("the Charleston Plan"). The plaintiffs alleged tortious interference with contract. On 17 April 1992 a

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