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EX PARTE SHELBY MEDICAL CENTER, INC.

88-820, 88-877, 88-878 and 88-883.

564 So.2d 63 (1990)

Ex parte SHELBY MEDICAL CENTER, INC. Ex parte BESSEMER CARRAWAY MEDICAL CENTER. Ex parte ST. VINCENT'S HOSPITAL. Ex parte AMI BROOKWOOD MEDICAL CENTER. Re STATE HEALTH PLANNING AND DEVELOPMENT AGENCY v. AMI BROOKWOOD MEDICAL CENTER, et al..

Supreme Court of Alabama.

Rehearing Denied April 12, 1990.

Attorney(s) appearing for the Case

Michael S. Jackson of Beers, Anderson, Jackson & Smith, Montgomery, for petitioner Shelby Medical Center, Inc.

Roy J. Crawford and Helen Currie Foster of Cabaniss, Johnston, Gardner, Dumas, & O'Neal, Birmingham, for petitioner Bessemer Carraway Medical Center.

Susan Dominick Doughton and Terry McElheny of Dominick, Fletcher, Yeilding, Wood, & Lloyd, Birmingham, for petitioner St. Vincent's Hosp.

James A. Holliman and Candice J. Shockley of Holliman, Shockley, Kelly & Acker, Bessemer, for petitioner AMI Brookwood Medical Center.

Don Siegelman, Atty. Gen., and Margaret S. Childers, Asst. Atty. Gen., for respondent.

SHORES, Justice.

These petitions involve the issuance in May 1986 of a certificate of need ("CON") by the State Health Planning and Development Agency ("SHPDA") to the Lloyd Noland Foundation to construct a hospital in the Riverchase area of southern Jefferson and northern Shelby Counties. In 1982, SHPDA had denied the applications of six other hospitals for a CON to build a hospital in the same area. The six hospitals appealed from this denial. In May 1984, while...

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