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BLUE CROSS AND BLUE SHIELD OF MO. v. NIXON

Nos. WD 59766, WD 59849.

81 S.W.3d 546 (2002)

BLUE CROSS AND BLUE SHIELD OF MISSOURI, A Missouri Nonprofit Corporation, Appellant-Respondent, v. Jeremiah W. (Jay) NIXON, in his Official Capacity as the Attorney General of the State of Missouri, Defendant, Jay Angoff, in his Official Capacity as the Director of the Missouri Department of Insurance, Defendant, Anthony J. Sarkis, Jr., Respondent-Appellant, and James Hacking, individually and as Representatives of a Class of Subscribers of Blue Cross and Blue Shield of Missouri and its Affiliates, Plaintiff.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 2, 2002.

Application for Transfer Denied August 27, 2002.

Attorney(s) appearing for the Case

Richard A. Ahrens, for appellant-respondent.

Jeffrey J. Lowe, St. Louis, for respondent-appellant.

Paul C. Wilson, Richard G. Callahan, Jefferson City, for respondent.

Before HAROLD L. LOWENSTEIN, Presiding Judge, PAUL SPINDEN, Chief Judge, and JOSEPH M. ELLIS, Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 2, 2002.

JOSEPH M. ELLIS, Judge.

Anthony Sarkis, individually and as representative of a class of plan subscribers, appeals from a declaratory judgment entered in the Circuit Court of Cole County declaring that Respondent/Cross-Appellant Blue Cross Blue Shield of Missouri ("BCBS") was a public benefit corporation rather than a mutual benefit corporation. BCBS cross-appeals challenging the trial...

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