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BPS LABS v. BLUE CROSS

Docket Nos. 145988, 146035, 151162, 151163, 152010, 153383.

206 Mich. App. 570 (1994)

522 N.W.2d 902

BPS CLINICAL LABORATORIES v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN AMERICAN HEALTH RESOURCES, INC v. BLUE CROSS AND BLUE SHIELD OF MICHIGAN

Michigan Court of Appeals.

Decided September 6, 1994, at 9:15 A.M.

Attorney(s) appearing for the Case

Feikens, Foster, Vander Male, Bellamy & Gilchrist, P.C. (by Alan G. Gilchrist, Keith J. Soltis, and Gail F. McIntyre), for BPS Clinical Laboratories and other plaintiffs.

Frimet & Michalsen, P.C. (by Gilbert M. Frimet and John A. Michalsen), for American Health Resources, Inc.

Richard John Mathews and Joseph W. Murray, for Blue Cross and Blue Shield of Michigan.

Before: WHITE, P.J., and MICHAEL J. KELLY and W.J. CAPRATHE, JJ.

MICHAEL J. KELLY, J.

Plaintiffs, independent clinical laboratories and two physicians, alleged that they wrongfully were denied the opportunity to participate as panel providers in defendant's new health care program, Premier PLUS. On October 9, 1991, the circuit court granted defendant's motion for summary disposition with regard to all issues except plaintiffs' claim under the Prudent Purchaser Act (PPA), MCL 550.51 et seq.; MSA 24.650(51) et seq.,

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