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BENEDICTINE SISTERS BENEV. ASS'N v. PETTERSEN

No. 51257.

299 N.W.2d 738 (1980)

BENEDICTINE SISTERS BENEVOLENT ASSOCIATION, d. b. a. St. Mary's Hospital, Duluth, Minnesota, petitioner, Respondent, v. George R. PETTERSEN, M.D., State of Minnesota, Commissioner of Health, Minnesota Department of Health, Appellant.

Supreme Court of Minnesota.

December 5, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, for appellant.

Johnson, Fredin, Killen, Thibodeau & Seiler, Duluth, for respondent.

Considered and decided by the court en banc without oral argument.

OTIS, Justice.

On this appeal from an order and writ of mandamus, the commissioner of health challenges the determination of the district court that his failure to render a decision upon respondent's application for a certificate of need within the 30-day period specified by Minn.Stat. § 145.838, subd. 1 (Supp. 1979) had the effect of approval of the application, entitling respondent to receive the certificate. We do not so construe this statutory provision and...

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