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  5. 77 Cal.App.3d 193 (1977)
 

BAKERSFIELD COMMUNITY HOSP v. DEPARTMENT OF HEALTH

Docket No. 3461.

77 Cal.App.3d 193 (1977)

142 Cal. Rptr. 773

BAKERSFIELD COMMUNITY HOSPITAL, Plaintiff and Respondent, v. DEPARTMENT OF HEALTH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 29, 1977.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, John J. Klee, Jr., Assistant Attorney General, Anne S. Pressman and Christine E. Schanes, Deputy Attorneys General, for Defendant and Appellant.

Oran W. Palmer, King, Eyherabide, Anspach, Friedman & Robinson and William D. Palmer for Plaintiff and Respondent.

OPINION

BROWN (G.A.), P.J.

The trial court on April 13, 1977, ordered a writ of mandate issue commanding the Department of Health of the State of California (the Department) to determine that a proposed site for relocation of the Bakersfield Community Hospital (the Hospital) facility is adjacent to the existing facility, and thus the hospital is exempt from having to obtain a certificate of need from the Department. The new site is...

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