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BIO-MEDICAL APPLICATIONS v. KENLEY

Record No. 0704-85.

358 S.E.2d 722 (1987)

BIO-MEDICAL APPLICATIONS OF ARLINGTON, INC., d/b/a Bio-Medical Applications of Northern Virginia v. James B. KENLEY, M.D., etc., et al.

Court of Appeals of Virginia.

July 7, 1987.

Attorney(s) appearing for the Case

John J. Miles, Jo Ellen Ojeda (Guy Collier, James C. Pyles, Powers, Pyles, Sutter & O'Hare, Washington, D.C., Susan S. Dunn, Nat. Medical Care, Inc., on briefs), for appellant.

John A. Rupp, Sr. Asst. Atty. Gen. (William G. Broaddus, Atty. Gen., Carol S. Nance, Asst. Atty. Gen., on brief), for James B. Kenley, M.D.

Jessica Sanders Jones (Virginia H. Hackney, Hunton & Williams, Richmond, on brief), for Fairfax Dialysis-CAPD Center, Inc.

Before BENTON, DUFF and KEENAN, JJ.

KEENAN, Judge.

Bio-Medical Applications of Arlington, Inc. (Bio-Medical), appeals from a circuit court decision upholding the State Health Commissioner's (Commissioner) denial of its application for a certificate of public need (CON) to expand its renal dialysis facility in Arlington County. The CON was awarded instead to Fairfax Dialysis-CAPD Center, Inc. (Fairfax Dialysis). The issues on appeal are: (1) whether the trial court erred in holding that the comparative...

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