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APPEAL OF BEHAVIOR SCIENCE INSTITUTE

No. 80-470.

121 N.H. 928 (1981)

APPEAL OF BEHAVIOR SCIENCE INSTITUTE (New Hampshire Department of Health and Welfare, Office of Health Planning and Development).

Supreme Court of New Hampshire.

October 30, 1981.

Attorney(s) appearing for the Case

Troisi Professional Association, of Salem (Daniel J. Scanlon on the brief and orally), for the Behavior Science Institute.

Devine, Millimet, Stahl & Branch, of Manchester (David H. Barnes on the brief and orally), for Community Care Systems, Inc.

Gregory H. Smith, attorney general (Betsy S. Westgate, assistant attorney general, on the brief and orally), for New Hampshire Office of Health Planning and Development.

KING, C.J.

The issue in this case is whether the New Hampshire Department of Health and Welfare, Office of Health Planning and Development, after a reconsideration hearing, properly retracted the certificate of need for a psychiatric hospital which it had previously granted to Behavior Science Institute. We remand.

On October 25, 1979, Behavior Science Institute submitted a letter of intent to the New Hampshire Office of Health Planning and Development (State...

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