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HUMANA MED. CORP. v. STATE HEALTH PLANNING

Civ. 4360.

460 So.2d 1295 (1984)

HUMANA MEDICAL CORPORATION v. STATE HEALTH PLANNING AND DEVELOPMENT AGENCY and Hospital Authority for the City of Huntsville.

Court of Civil Appeals of Alabama.

Rehearing Denied September 28, 1984.

Certiorari Denied December 21, 1984.

Attorney(s) appearing for the Case

George W. Royer, Jr. of Butler & Royer, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen., and Peggy Schmitz, Asst. Atty. Gen., for appellee State of Ala.

Joe W. Campbell of Ford, Caldwell, Ford & Payne, Huntsville, for appellee Hosp. Authority of the City of Huntsville.

Alabama Supreme Court 84-63.

HOLMES, Judge.

The State Health Planning and Development Agency (SHPDA) denied the request of Humana Hospital of Huntsville for a certificate of need. The hospital ultimately appealed to the circuit court. The circuit court affirmed SHPDA's action. The hospital, through able counsel, appeals and we affirm.

The dispositive issue is whether SHPDA's denial of the hospital's certificate of need was arbitrary or capricious....

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