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FIRST HEALTH GROUP CORP. v. BCE EMERGIS CORP.

No. 00-3833.

269 F.3d 800 (2001)

FIRST HEALTH GROUP CORP., formerly known as Healthcare Compare Corp., doing business as The First Health AFFORDABLE Medical Networks, Plaintiff-Appellant, v. BCE EMERGIS CORPORATION, formerly known as United Payors & United Providers, Inc., doing business as UP & UP, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 2001.

Attorney(s) appearing for the Case

Christopher N. Mammel (argued), Childress & Zdeb, Chicago, IL, for Plaintiff-Appellant.

Robert G. Krupka, David K. Callahan (argued), Kirkland & Ellis, Chicago, IL, for Defendants-Appellees United Payors & United Providers, Inc.

David K. Callahan (argued), Kirkland & Ellis, Chicago, IL, for Defendants-Appellees John Does and Coe Entities.

Before: CUDAHY, EASTERBROOK, and WILLIAMS, Circuit Judges.

EASTERBROOK, Circuit Judge.

What is a "preferred provider organization" (PPO)? Our litigants, two intermediaries between hospitals and insurers, disagree about the answer. Plaintiff, which we call First Health, believes that it is misleading, and actionable under § 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B), to apply the label "PPO" or anything similar (such as "preferred provider network") to any...

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