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MEDCOR, INC. v. FINLEY

179 N.J. Super. 142 (1981)

430 A.2d 964

MEDCOR, INC., PLAINTIFF-APPELLANT, v. JOANNE E. FINLEY, M.D., M.P.H. COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF HEALTH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1981.

Attorney(s) appearing for the Case

Evan William Jahos argued the cause for appellant (Wood, Jahos, Broege & Wight, attorneys).

Charlotte Kitler, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey, attorney; John J. Degnan, former Attorney General of New Jersey; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges FRITZ, POLOW and JOELSON.

The opinion of the court was delivered by POLOW, J.A.D.

Plaintiff appeals from the determination of the State Commissioner of Health that a hearing was not required to ascertain whether its mobile "multiphasic health testing" services are subject to the regulatory provisions of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. We agree with the Commissioner and affirm.

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