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STATE EX REL. EDMISTEN v. P.I.A. ASHEVILLE, INC.

No. 82-1058.

722 F.2d 59 (1983)

STATE of North Carolina, ex rel. Rufus L. EDMISTEN, Attorney General, Appellants, v. P.I.A. ASHEVILLE, INC.; First Washington Group, Inc.; Consolidated Health Systems, Inc.; and Psychiatric Institutes of America, Inc., Appellees. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1983.

Attorney(s) appearing for the Case

John R. Corne, Associate Atty. Gen., Raleigh, N.C. (H.A. Cole, Jr., Sp. Deputy Atty. Gen., Raleigh, N.C., on brief), for appellants.

Joel I. Klein, Washington, D.C. (Robert D. Luskin, Onek, Klein & Farr, Washington, D.C., John S. Stevens, Redmond, Stevens, Loftin & Currie, Asheville, N.C., Martin J. Gaynes, Bonner, Thompson, O'Connell, Gaynes & Middlekauff, Washington, D.C., on brief), for appellees.

Andrew Limmer, Dept. of Justice, Washington, D.C. (John H. Carley, Gen. Counsel, David M. Narrow, Peter M. Kazon, Bureau of Competition, Federal Trade Commission; William F. Baxter, Asst. Atty. Gen., Barry Grossman, Dept. of Justice, Washington, D.C., on brief), for amicus curiae.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

This case arises out of the acquisition by Psychiatric Institutes of America, Inc. (PIA) of Highland Hospital, a private psychiatric hospital located in Asheville, North Carolina. The Attorney General of North Carolina brought this action against PIA and three related corporations, P.I.A. Asheville, Inc.; First Washington Group, Inc.; and Consolidated Health Systems, Inc., alleging that the defendants' ownership and operation of Highland Hospital...

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