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DEPT. OF HEALTH v. LUTHERAN HOSP. & HOMES

No. 86-129.

416 N.W.2d 222 (1987)

227 Neb. 116

DEPARTMENT OF HEALTH OF the STATE OF NEBRASKA, Appellant, v. LUTHERAN HOSPITALS AND HOMES SOCIETY OF AMERICA, a Nonprofit Corporation, Doing Business as Grand Island Memorial Hospital, Grand Island, Nebraska, Appellee.

Supreme Court of Nebraska.

December 11, 1987.

Attorney(s) appearing for the Case

Robert M. Spire, Atty. Gen., and Marilyn B. Hutchinson, Lincoln, for appellant.

William H. Lewis, Lincoln, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

PER CURIAM.

The applicant, Lutheran Hospitals and Homes Society of America, doing business as Grand Island Memorial Hospital, filed an application for a certificate of need for the acquisition and installation of a linear accelerator and for development of radiation therapy services. The Nebraska Department of Health recommended denial of the application. The Certificate of Need Review Committee found that the applicant had failed to demonstrate that the proposed...

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