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NEUROTRON INC. v. MEDICAL SERVICE ASS'N OF PA

No. 00-1516.

254 F.3d 444 (2001)

NEUROTRON INC., Appellant, v. MEDICAL SERVICE ASSOCIATION OF PENNSYLVANIA, INC., t/a Pennsylvania Blue Shield; Highmark, Inc.

United States Court of Appeals, Third Circuit.

Opinion Filed June 19, 2001.

Attorney(s) appearing for the Case

Andrew W. Barbin, Gleason & Barbin, 123 State Street, Harrisburg, PA 17101 and Charles I. Artz (Argued), Charles Artz and Associates, 207 State Street, Harrisburg, PA 17101, Attorneys for Appellant.

Thomas E. Wood (Argued), Keefer, Wood, Allen & Rahal, 210 Walnut Street, P.O. Box 11963, Harrisburg, PA, 17108, Attorney for Appellees.

Before NYGAARD and STAPLETON, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Neurotron, Inc. ("Neurotron") is a Maryland corporation which manufactures an electrodiagnostic medical testing device known as the Neurometer CPT ("Neurometer"). Highmark, Inc. ("Highmark")1 is a Pennsylvania corporation engaged in the operation of nonprofit health care plans. Neurotron alleges that a passage in Highmark's newsletter, Policy Review and News ("PRN"), commercially...

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