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BAPTIST HOSP., INC. v. HUMANA OF KENTUCKY

672 S.W.2d 669 (1984)

BAPTIST HOSPITAL, INC. d/b/a Baptist Hospital East, Appellant, v. HUMANA OF KENTUCKY, INC. d/b/a Suburban Hospital; Harold Boyer, D.D.S., George Buchanan, Frank Burke, Sr., Thomas Duncan, Juanita Fleming, Ph.D., H. Glenn Joiner, Arthur Carvolt, Sister Mary Joell Overman, Frank R. Pitzer, M.D., H. Joseph Schutte, William L. Shadoan, Mars. Weldon Shouse, Mrs. Nancy Versnick, Thomas R. Watson, M.D., Steve Brown and James Gayhart, Members and Comprising the Kentucky Health Facilities and Health Services Certificate of Need and Licensure Board; and Commonwealth of Kentucky Department For Human Resources, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals July 6, 1984.

Attorney(s) appearing for the Case

Donald W. Darby, William P. Swain, Boehl, Stopher, Graves & Deindoerfer, C.H. Richardson, Jr., Louisville, for appellant.

Marvin J. Hirn, Lisabeth Hughes Abramson, Greenebaum, Doll & McDonald, Louisville, for appellee, Humana of Kentucky, d/b/a Suburban Hospital.

Paul F. Fauri, Terry L. Morrison, Cabinet for Human Resources, Frankfort, for appellee, Kentucky Health Facilities and Health Services Certificate of Need and Licensure Bd.

Before CLAYTON, LESTER and WHITE, JJ.

LESTER, Judge.

This is an appeal from an order dismissing the complaint of appellant which filing had been styled a "[c]omplaint for advice and declaration of rights and for injunctive relief," and brought pursuant to the provisions of KRS 418.040 et seq. and CR 65.01.

In 1980, the General Assembly enacted what became KRS Chapter 216B which had as its prime goal the garnering of federal funds by health care facilities through the formulation of a "State Health...

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