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WING MEMORIAL HOSP. v. DEPT. OF PUBLIC HEALTH

10 Mass. App. Ct. 593 (1980)

410 N.E.2d 729

WING MEMORIAL HOSPITAL vs. DEPARTMENT OF PUBLIC HEALTH.

Appeals Court of Massachusetts, Hampden.

October 3, 1980.

Attorney(s) appearing for the Case

Samuel A. Marsella for the plaintiff.

Thomas Miller, Assistant Attorney General, for the defendant.

Present: GREANEY, PERRETTA, & KASS, JJ.

PERRETTA, J.

The plaintiff appeals from a judgment entered on the pleadings, Mass.R.Civ.P. 12(c), 365 Mass. 756 (1974), declaring under G.L.c. 231A that its establishment and maintenance of two satellite health clinics without having first obtained from the defendant (Department) a "determination of need" (DON) and licenses for them, or a modification of the plaintiff's license to include the clinics, is in violation of G.L.c. 111, § 25C, as amended through St...

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