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SUBURBAN MEDICAL CENTER v. OLATHE COMMUNITY HOSP.

No. 50,678

226 Kan. 320 (1979)

597 P.2d 654

SUBURBAN MEDICAL CENTER, DODGE CITY REGIONAL HOSPITAL, HUMANA OF KANSAS, INC., AND HUMANA, INC., Appellants, v. OLATHE COMMUNITY HOSPITAL, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1979.

Attorney(s) appearing for the Case

J. Eugene Balloun, of Payne & Jones, Chartered, of Olathe, argued the cause, and Ron Bodinson and L. Franklin Taylor, of the same firm, were with him on the brief for the appellants.

George A. Lowe, of Lowe, Terry & Roberts, of Olathe, argued the cause, and Christopher B. Bacon, of the same firm, was with him on the brief for the appellee.

Robert M. Corbett, of the Kansas State Department of Health and Environment, was on the brief as amicus curiae.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the appellant health facilities from the decision of the district court affirming the action of the Statewide Health Coordinating Council granting a certificate of need to Olathe Community Hospital to expand its facilities. All proceedings herein arise from the Health Facilities Act, K.S.A. 1976 Supp. 65-4801 et seq.

Before proceeding to the facts of the case, it would...

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