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HUMANA HOSP. CORP. INC. v. DEPT. OF HUMAN RESOURCES, DIV. OF FACILITY SERVICES

No. 8510DHR1028.

345 S.E.2d 235 (1986)

In the Matter of HUMANA HOSPITAL CORPORATION, INC., Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, DIVISION OF FACILITY SERVICES, Certificate of Need Section, Respondent-Appellee, and Wake County Hospital System, Inc.; Hospital Building Company, d/b/a Raleigh Community Hospital; and Cornelia Allen, Mary Dunn, Hubert A. Evans, et al., Intervenors.

Court of Appeals of North Carolina.

July 1, 1986.

Attorney(s) appearing for the Case

Sanford, Adams, McCullough & Beard by Charles H. Montgomery and Renee J. Montgomery, Cary, for petitioner-appellant.

Atty. Gen. Lacy Thornburg by Asst. Attys. Gen., Barbara P. Riley and John R. Corne, Raleigh, for respondent-appellee.

Manning, Fulton & Skinner by Howard E. Manning, and Hollowell & Silverstein by Edward E. Hollowell and Robert L. Wilson, Jr., Raleigh, for intervenor-appellee Wake County Hosp. System, Inc.

Jordan, Price, Wall, Gray & Jones by John R. Jordan, Jr., Stephen R. Dolan, and Steven M. Shaber, Raleigh, for intervenor-appellee Hospital Bldg. Co., d/b/a Raleigh Community Hosp.

East Central Community Legal Services by Gregory C. Malhoit, N.C. Legal Services Resource Center by Pam Silberman, Raleigh, and Legal Services of The Lower Cape Fear by Richard Klein, Wilmington, for intervenors-appellees Cornelia Allen, Mary Dunn, Hubert A. Evans, et al.

PHILLIPS, Judge.

Since this matter was initiated before the effective date of the rewritten Administrative Procedure Act, N.C.Sess. Laws (1st Sess.1985) c. 746, s. 19, codified at G.S. Chapter 150B, the Administrative Procedure Act of 1973 (APA), G.S. Chapter 150A, governs our review of this case. Section 51 of the APA provides as follows:

The court may affirm the decision of the agency or remand the case for further proceedings; or it may reverse...

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