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CONTINENTAL ORTHOPEDIC APP. v. HEALTH INS. PLAN

No. CV 95-4541.

40 F.Supp.2d 109 (1999)

CONTINENTAL ORTHOPEDIC APPLIANCES, INC., New York Orthopedic, Stahl Surgical Supply Inc., United Orthopaedic Appliances, Inc., A-1 Surgical and Medical Supplies, Inc., Archfame, Inc., Ortho Surgical, J.C. Orthopedic Co., Inc., Day Drug & Orthopedic Treatment Facility, Orthotic Consultants, Inc., James Case Enterprises, Inc., Certified Orthopedic, Prothotic Labs, Elmont Pharmacy & Surgical, Foot Molds, Inc., and A Personal Touch Garment Corporation, on behalf of themselves and all others similarly situated, Plaintiffs, v. HEALTH INSURANCE PLAN OF GREATER NEW YORK, INC., Advanced Orthopedic Technologies, Inc., A wholly owned subsidiary of Novacare Prosthetics and Orthotics, Inc., Novacare Prosthetic and Orthotics, Inc., and Arimed Orthotics, Prosthetics, and Pedorthics Inc., Andrew H. Meyers, Matthew Mironis, Steven Mironis, Bernard Neeck and Anthony L. Watson, Defendants.

United States District Court, E.D. New York.

January 15, 1999.

Attorney(s) appearing for the Case

Steven L. Wittels, Armonk, NY, Jeremy Heisler, New York City, Meister Seelig & Fein, LLP, New York City by Scott N. Gelfand, of counsel, for plaintiffs.

Stroock & Stroock & Lavan LLP, Bernard Neeck and Anthony Watson, New York city by Bruce H. Schneider, David Markowitz, Claude G. Szyfer, of Counsel, for defendants Health Insurance Plan of Greater New York, Inc.

Herrick, Feinstein LLP, New York City, by Joshua F. Scheier, Susan T. Dwyer, of counsel, for defendants Advanced Orthopedic Technologies, Inc., Novacare Prosthetic and Orthotics, Inc., and Andrew H. Meyers.

Capetanakis & Preite, Matthew Mirones and Steven Mirones, Brooklyn by Charles Capetanakis, of counsel, for defendants Arimed Orthodics, Prosthetics, and Pedorthics, Inc.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This putative class action seeks redress for alleged violations of the federal and state antitrust laws arising from the defendants' alleged unlawful and conspiratorial bid-rigging, price fixing, and termination and exclusion of all orthotic and prosthetic ("O & P") providers within the five boroughs of New York City and the surrounding six Counties of Nassau, Suffolk, Westchester, Rockland...

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