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IN RE BETHANY MEDICAL CENTER

No. 52,849

230 Kan. 201 (1981)

630 P.2d 1136

In the Matter of the Certificate of Need Application by the Bethany Medical Center for a Six (6) Megavoltage Linear Accelerator.

Supreme Court of Kansas.

Opinion filed July 17, 1981.

Attorney(s) appearing for the Case

Emily E. Cameron, of the Kansas Department of Health and Environment, of Topeka, argued the cause and was on the brief for appellant.

Robert A. DeCoursey, of Kansas City, argued the cause and was on the brief for Providence-St. Margaret Health Center, appellant-intervenor.

Leonard O. Thomas and David K. Fromme, of Weeks, Thomas & Lysaught, Chartered, of Kansas City, argued the cause and were on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

The Kansas Department of Health and Environment (KDHE) appeals from a Wyandotte County District Court decision ordering the KDHE to issue to appellee, Bethany Medical Center (Bethany), a certificate of need for a six megavoltage linear accelerator. Providence-St. Margaret Health Center (Providence-St. Margaret), an intervenor, also appeals.

Some background material may be helpful. A 6 megavoltage...

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