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HIGHMARK, INC. v. UPMC HEALTH PLAN, INC.

No. 01-1377.

276 F.3d 160 (2001)

HIGHMARK, INCORPORATED, v. UPMC HEALTH PLAN, INCORPORATED, Appellant.

United States Court of Appeals, Third Circuit.

December 21, 2001.

Attorney(s) appearing for the Case

Christine L. Donohue (Argued), Bryan S. Neft, David W. Snyder, Klett, Rooney, Lieber & Schorling, A Professional Corporation, Pittsburgh, PA, Counsel for Appellant.

Michael E. Lowenstein (Argued), Daniel I. Booker, Gary L. Kaplan, Gregory M. Luyt, Reed Smith LLP, Pittsburgh, PA, Counsel for Appellee.

Before: ALITO, BARRY, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal has its genesis in the intense commercial rivalry between two insurers licensed in Pennsylvania to underwrite health insurance plans. This rivalry erupted in advertisements that appeared in the Pittsburgh Post-Gazette in February 2001. We had occasion almost a decade ago to observe the "dynamic role" commercial advertising plays in the financial and industrial activities of our society. Castrol...

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