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NAT. NEPHROLOGY FOUNDATION v. DOUGHERTY

138 N.J. Super. 470 (1976)

351 A.2d 392

NATIONAL NEPHROLOGY FOUNDATION, APPELLANT, v. WILLIAM J. DOUGHERTY, COMMISSIONER OF HEALTH, ST. BARNABAS MEDICAL CENTER AND MORRISTOWN MEMORIAL HOSPITAL, RESPONDENTS. NATIONAL NEPHROLOGY FOUNDATION, APPELLANT, v. JOANNE E. FINLEY, COMMISSIONER OF HEALTH, AND HEALTH CARE ADMINISTRATION BOARD, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 1976.

Attorney(s) appearing for the Case

Mr. Jeffrey L. Reiner argued the cause for appellant National Nephrology Foundation (Messrs. Meyner, Landis & Verdon, attorneys).

Mr. Jonathan Weiner, Deputy Attorney General, argued the cause for respondents Commissioner of Health and Health Care Administration Board (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Burton L. Eichler argued the cause for respondent St. Barnabas Medical Center (Messrs. Brach, Eichler, Rosenberg & Silver, P.A., attorneys).

Mr. Michael S. Bubb argued the cause for respondent Morristown Memorial Hospital (Messrs. Schenck, Price Smith & King, attorneys).

Before Judges CARTON, CRAHAY and HANDLER.

The opinion of the court was delivered by CARTON, P.J.A.D.

The Acting Commissioner of Health granted to St. Barnabas Medical Center, on May 2, 1974, a certificate of need for the operation of an intermediate renal dialysis facility in the Morris County area. On the same date he rejected separate applications by the National Nephrology Foundation (National) and Morristown Memorial Hospital to operate an intermediate renal dialysis unit in the same area.

National...

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