Opinion
June 11, 1958.
September 11, 1958.
Medical and Dental Services — Hospitals — "Approved hospital" — Contracts — Blue Cross — Alleged monopoly — Discrimination — Hospital licensed by Department of Welfare.
In an action in equity, in which it appeared that plaintiff, a dentist and owner and operator of a dental hospital, licensed by the Department of Welfare of the Commonwealth, sought to enjoin defendant "Blue Cross" from discriminating against his hospital and defendant's subscribers by refusing to pay for services rendered in his hospital; that defendant's contract with its subscribers provided, in part, that the subscriber might select any "approved hospital", and defined an "approved hospital" as either one which had a contract with defendant or with a similar Blue Cross plan, or a noncontracting hospital which was approved by the Joint Committee on Accreditation of Hospitals or by defendant; that plaintiff's hospital was not an "approved hospital" within the categories set forth in defendant's contract with its subscribers; and that plaintiff contended that (a) by law defendant was required to contract with all hospitals approved by the Department of Welfare, and that (b) defendant was a monopoly which, since defendant operated in the public interest, could be restrained; it was Held that plaintiff's complaint was properly dismissed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 247, Oct. T., 1958, from decree of Court of Common Pleas of Lehigh County, Sept. T., 1957, No. 3, in case of Edward Weiner v. Hospital Service Plan of the Lehigh Valley. Decree affirmed.
Same case in court below: 13 Pa. D. C. 2d 689.
Equity.
Defendant's preliminary objections sustained and decree entered dismissing complaint, opinion by HENNINGER, P.J. Plaintiff appealed.
Morris Mindlin, with him Jackson M. Sigmon, and Mindlin Sigmon, for appellant.
O.J. Tallman, with him Robert G. Tallman, and Butz, Hudders, Tallman Rupp, for appellee.
Argued June 11, 1958.
The order and decree of the court below are affirmed on the opinion of President Judge HENNINGER, as reported in 13 Pa. D. C.2d 689