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  5. 719 S.W.2d 434 (1986)
 

SPARKS REG. MED. CTR. v. DEPT. OF HUMAN SERV.

No. 86-80.

719 S.W.2d 434 (1986)

290 Ark. 367

SPARKS REGIONAL MEDICAL CENTER, Appellant, v. ARKANSAS DEPARTMENT OF HUMAN SERVICES et al. and Medical Care International, Inc., d/b/a Surgicare Corporation, Appellees.

Supreme Court of Arkansas.

November 24, 1986.

Attorney(s) appearing for the Case

Skokos, Simpson, Buford, Graham & Rainwater by Harold H. Simpson & John W. Fink, Little Rock, Warner & Smith by G. Alan Wooten, Fort Smith, for appellant.

Steve Clark, Atty. Gen. by George A. Harper, Sp. Asst. Atty. Gen., Little Rock, Hilburn, Bethune, Calhoon, Harper & Pruniski by Sam Hilburn & Dorcy Kyle Corbin, N. Little Rock, for appellees.

PURTLE, Justice.

Medical Care International, Inc., d/b/a Surgicare Corporation (Surgicare), applied for a Certificate of Need (CON) on July 13, 1983. Surgicare sought to build a three room outpatient surgery center in Fort Smith, Arkansas. Sparks Regional Medical Center (Sparks) opposed the application primarily on the grounds that it had two "shelled-in" outpatient operating rooms and, additionally, that its regular operating rooms were available for outpatient surgery...

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