Faith Hospital Association, Etc., Appellee-Appellant v. Blue Cross Hospital Service, Etc., Appellants-Appellees

This case was argued and submitted together with St. Louis University v. Blue Cross Hospital Service, 537 F.2d 283 (8th Cir. 1976). The issues presented in Faith Hospital’s appeal on count I and the Government’s cross-appeal on count II are essentially identical to those decided by St. Louis University and no purpose would be served by an extended discussion of them. As noted below, Faith Hospital’s appeal on the dismissal of count III raises a question not arising in the St. Louis University litigation.

Count I of Faith Hospital’s complaint makes the same statutory arguments as count I of the…