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TEXAS HEALTH FAC. COMM'N v. BAPTIST GEN. CONVENTION

No. 1178.

573 S.W.2d 575 (1978)

TEXAS HEALTH FACILITIES COMMISSION, Appellant, v. BAPTIST GENERAL, CONVENTION of Texas d/b/a Hendrick Memorial Hospital, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied November 16, 1978.

Attorney(s) appearing for the Case

Carla J. Cox, Asst. Atty. Gen., Austin, for appellant.

C. Dean Davis, Fred E. Davis, Davis, Davis & Sharp, Austin, for appellee.

McKAY, Justice.

Our opinion dated September 21, 1978, is withdrawn, and the following opinion is substituted therefor.

Appellee, Baptist General Convention of Texas, doing business as Hendrick Memorial Hospital (Hospital) brought this suit against Texas Health Facilities Commission (Commission) seeking to reverse, set aside and hold null and void an order of the Commission denying the application of the Hospital for a Certificate of Need for the construction...

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