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HUMANA OF FLORIDA, INC. v. KELLER

No. Z-223.

329 So.2d 420 (1976)

HUMANA OF FLORIDA, INC., a Florida Corporation, Appellant, v. O.J. KELLER, As the Secretary of Health and Rehabilitative Services of the State of Florida and Medical Center of Kissimmee, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

April 2, 1976.

Attorney(s) appearing for the Case

F. Perry Odom, Richard W. Ervin and Robert J. Angerer, of Ervin, Varn, Jacobs & Odom, Tallahassee, for appellant.

E. Harper Field of Keen, O'Kelley & Spitz and James N. McConnaughhay, Tallahassee, William P. Wooden, of Wooden, Stark, McLaughlin & Sterner, Indianapolis, Ind., and Robert M. Eisenburg, Jacksonville, for appellees.

SMITH, Judge.

Humana of Florida, Inc., seeking declaratory and injunctive relief, complained in the circuit court that a bureau under the jurisdiction of defendant Secretary of the Department of Health and Rehabilitative Services had issued a certificate of need for construction of defendant Medical Center of Kissimmee, Inc.'s new 132-bed hospital notwithstanding that no public hearing on the question of necessity has been had. Secs. 381.494(5)(b), (6)(b), F.S. 1973...

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