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BLUE CROSS AND BLUE SHIELD OF ALABAMA v. NIELSEN

No. 96-6560.

116 F.3d 1406 (1997)

BLUE CROSS AND BLUE SHIELD OF ALABAMA, INC., Plaintiff-Counter-Defendant-Appellee, v. John O. NIELSEN, D.M.D., Individually and on behalf of all other persons who are similarly situated, Defendant-Appellant, Kenneth O. Friday, George R. Bolling, individually and on behalf of all others similarly situated, Intervenor-Defendants-Counterclaimants-Appellants, Complete Health, Inc., Samuel W. Sullivan, M.D., Movants.

United States Court of Appeals, Eleventh Circuit.

July 10, 1997.

Attorney(s) appearing for the Case

William M. Slaughter, James C. Huckaby, Jr., R. Scott Williams, haskell, Slaughter, Young & Johnston, Birmingham, Alabama, for Defendant-Appellant.

Arthur Meisel, North Brunswick, NJ, for Amicus Curiae New Jersey Dental Association.

Peter M. Sfikas, Chicago, IL, for Amicus Curiae American Dental Assn.

Cavender C. Kimble,, Leigh Anne Hodge, Balch & Bingham, Birmingham, Alabama, for Plaintiff-Counter-Defendant-Appellee.

Before CARNES, Circuit Judge, and HENDERSON and GIBSON, Senior Circuit Judges.

CARNES, Circuit Judge:

This appeal concerns the proper construction and application of three Alabama acts governing the relationship between insurers and health care providers in the state. The disposition of this appeal depends upon the resolution of these issues: (1) is Blue Cross and Blue Shield of Alabama (Blue Cross) exempt from the application of the three Alabama acts by the terms of previously enacted Alabama statutes; (2) if Blue Cross is exempt from the...

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