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COUNTY OF DODGE v. DEPT. OF HEALTH OF STATE

No. 83-133.

355 N.W.2d 775 (1984)

218 Neb. 346

The COUNTY OF DODGE on Behalf of MEMORIAL HOSPITAL OF DODGE COUNTY, Nebraska, Appellee, v. DEPARTMENT OF HEALTH OF the STATE OF NEBRASKA, Appellant.

Supreme Court of Nebraska.

September 21, 1984.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Marilyn B. Hutchinson, Asst. Atty. Gen., Lincoln, for appellant.

Thomas B. Thomsen of Sidner, Svoboda, Schilke, Wiseman, Thomsen & Holtorf, Fremont, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

SHANAHAN, Justice.

Regarding the Nebraska Health Care Certificate of Need Act, Neb.Rev.Stat.§§ 71-5801 to 71-5872 (Reissue 1981), the Department of Health of the State of Nebraska (department) appeals the judgment of the district court for Lancaster County which reversed the decision of the appeal board of the Nebraska Health Care Certificate of Need Appeal Panel (appeal panel). The appeal panel had held that Memorial Hospital of Dodge County (Memorial Hospital...

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