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AMERICAN HEALTH CARE v. COOK COUNTY

No. 1-93-0751.

638 N.E.2d 772 (1994)

265 Ill. App.3d 919

202 Ill.Dec. 904

AMERICAN HEALTH CARE PROVIDERS, INC., an Illinois corporation, d/b/a American HMO, Plaintiff-Appellant, v. The COUNTY of COOK; Richard J. Phelan, President of the Board of Commissioners of Cook County; Patrick McFadden, Cook County Purchasing Agent; John F. Chambers, Cook County Comptroller; Patricia Connolly, Cook County Director of Insurance; William S. Singer, individually and as consultant to Cook County; Health Care Service Corporation, d/b/a Blue Cross/Blue Shield of Illinois; BCI HMO, INC., a/k/a HMO Illinois, Inc.; Humana Health Plan, Inc., a/k/a Humana Health Care Plans-Michael Reese; Humana Insurance Company; Chicago HMO Ltd.; Chicago Health Multi Option Insurance Ltd.; Rush-Anchor HMO; and Arthur Andersen & Company, as consultant to Cook County; Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

August 9, 1994.

Attorney(s) appearing for the Case

Collins & Collins, Chicago (Harold Collins, Michael Collins and Ann Higgins, of counsel), for appellant.

Jack O'Malley, State's Atty., Chicago (Karen Covy, Patricia Shymanski and Jeffrey McCutchan, of counsel), for Cook County, appellee.

Earl L. Neal & Assoc., Chicago (Richard Friedman, of counsel), for Health Care Service, appellee.

Hopkins & Sutter, Chicago (Michael Conway and Kathleen Burch, of counsel), for Chicago HMO, Ltd. and Chicago Health Multi Option Ins. Ltd., appellees.

Davis, Miner, Barnhill & Galland, P.C., Chicago (George Galland, Jr., of counsel), for Humana Health Plan, Inc. and Rush-Presbyterian-St. Luke's Medical Center, appellees. (Humana Health Plan, Inc., Chicago, Kim Barbara Arnowitt and Victor M. Gonzalez, of counsel.) (Rush-Presbyterian-St. Luke's Medical Center, Chicago, Max Douglas Brown and Mark Mantooth, of counsel.)

Kirkland & Ellis, Chicago (Roger Taylor and Leonard Gail, of counsel), for William Singer, appellee.

Arthur Andersen & Co., Chicago (Sarah Biety, of counsel), for appellee.

Justice HARTMAN delivered the opinion of the court:

Plaintiff, American Health Care Providers, Inc., doing business as American HMO (American HMO), appeals from an order granting defendants' motions to dismiss counts I through IV of its second amended complaint (complaint), raising as issues whether (1) count I states a cause of action for a violation of the Cook County Minority Business Enterprises Ordinance § 10-43.1 et seq. (1990) (MBEO); (2) Cook County...

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