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KENLEY v. NEWPORT NEWS GENERAL

Record No. 810628.

314 S.E.2d 52 (1984)

James B. KENLEY, etc. v. NEWPORT NEWS GENERAL & NON-SECTARIAN HOSPITAL ASSOCIATION, INC.

Supreme Court of Virginia.

March 9, 1984.

Attorney(s) appearing for the Case

Robert T. Adams, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on briefs), for appellant.

Phillips M. Dowding, Newport News, for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

COCHRAN, Justice.

Newport News General & Non-Sectarian Hospital Association, Inc. (owner and operator of Riverside Hospital and herein referred to as the Hospital or Riverside), filed in the trial court a motion for declaratory judgment against James B. Kenley, M.D., State Health Commissioner. The Hospital sought a declaration that it did not have to obtain a certificate of public need under Code §§ 32.1-93 to -1021 to operate...

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