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STATEWIDE HEALTH COORDINAING COUNCIL v. GENERAL HOSPITALS OF HUMANA

No. 83-83.

660 S.W.2d 906 (1983)

280 Ark. 443

STATEWIDE HEALTH COORDINAING COUNCIL et al., Appellants, v. GENERAL HOSPITALS OF HUMANA, INC. et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied December 12, 1983.

Attorney(s) appearing for the Case

Gill, Skokos, Simpson, Buford & Owen, P.A., Little Rock, for Baptist Medical System & Arkansas Blue Cross and Blue Shield, Inc. by Harold H. Simpson, II.

House, Jewell, Dillon, Dover & Dixon, P.A., for St. Vincent Infirmary by Charles R. Nestrud, Little Rock, for appellants.

George A. Harper, Sp. Asst. Atty. Gen., Little Rock, for Arkansas Health Planning and Development Agency.

Ivan H. Smith, and the Div. of Social Services of the Dept. of Human Services and Smith, Jernigan & Smith by George O. Jernigan and Robert D. Smith, III, Harrison & Brown, P.A. by Robert L. Brown, Little Rock, for General Hospitals of Humana, Inc.

Barrett, Wheatley, Smith & Deacon, Jonesboro, for Statewide Health Coordinating Council by J.C. Deacon.

GEORGE ROSE SMITH, Justice.

The principal appellee, General Hospitals of Humana, which we will refer to as Humana, is a subsidiary corporation of a parent company that owns about 90 hospitals, nearly all of them in the United States. In 1982 Humana applied to the Arkansas Health Planning & Development Agency, which we will refer to as the State Agency, for a certificate of need that would authorize Humana to construct and operate a 150-bed community hospital at...

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