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January 23, 1943

Current Comment

JAMA. 1943;121(4):262-263. doi:10.1001/jama.1943.02840040038014

THE OPINION OF THE SUPREME COURT  In the text of the opinion of the Supreme Court, published elsewhere in this issue (page 267), attention is called to the following paragraphs:

Paragraph 6.—"  First. Much argument has been addressed to the question whether a physician's practice of his profession constitutes trade under Section 3 of the Sherman Act. In the light of what we shall say with respect to the charge laid in the indictment, we need not consider or decide this question."

Paragraph 7.—"  Group Health is a membership corporation engaged in business or trade. Its corporate activity is the consummation of the cooperative effort of its members to obtain for themselves and their families medical service and hospitalization on a risk-sharing prepayment basis. The corporation collects its funds from members. With these funds physicians are employed and hospitalization procured on behalf of members and their dependents. The fact that