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HEALTH SYSTEMS AGENCY OF OKL., INC. v. NORMAN

Nos. 76-2002, 77-1147.

589 F.2d 486 (1978)

HEALTH SYSTEMS AGENCY OF OKLAHOMA, INC., an Oklahoma Corporation, Plaintiff-Appellant, v. Floyd A. NORMAN, M.D., As Regional Health Administrator, Public Health Service, United States Department of Health, Education and Welfare, Defendant-Appellee, and Oklahoma Health Systems Agency, Inc., an Oklahoma Corporation, Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1978.

Attorney(s) appearing for the Case

Carl G. Stevens, Oklahoma City, Okl. (with Louis Bullock, Stillwater, Okl., on the brief), for plaintiff-appellant.

Michael Kimmel, Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., John E. Green, U. S. Atty., Oklahoma City, Okl., and Robert E. Kopp, Civ. Div., Appellate Section, Dept. of Justice, Washington, D. C., with him on the brief), for defendant-appellee.

William J. Robinson, Oklahoma City, Okl., for intervenor-appellee.

Before HOLLOWAY, DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Under the terms of the National Health Planning and Resources Development Act (the Act),1 the governor of Oklahoma designated the entire state a "health service area." Thereafter, Health Systems Agency of Oklahoma, Inc. (plaintiff) and Oklahoma Health Systems Agency, Inc. (intervenor) filed letters of intent to submit applications for conditional designation as the Health Systems Agency for Oklahoma.

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