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IN RE APPLICATION BY ST. LUKE'S HOSP.

Nos. 15552, 15574, 15553 and 15575.

414 N.W.2d 297 (1987)

In re The APPLICATION BY ST. LUKE'S HOSPITAL, ABERDEEN, South Dakota, for a Certificate of Need to Add Radiation Therapy Services in a Renovated Portion of the Family Health Center to Include the Construction of an Addition and the Purchase of a Linear Accelerator. The Total Project is Estimated to Cost $1,461,000.

Supreme Court of South Dakota.

Decided October 21, 1987.

Attorney(s) appearing for the Case

Robert E. Mayer, Asst. Atty. Gen., Pierre, for appellant State of South Dakota Dept. of Health; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Rory King of Siegel, Barnett & Schutz, Aberdeen, for appellant St. Luke's Hosp.

Regina C. Williams, Minneapolis, Minn., for appellee Dakota Midland Hosp., William J. Srstka, Jr. of Olinger, Srstka, Lovald, Robbennolt & Tieszen, Pierre, on brief.

HEEGE, Circuit Judge.

This appeal involves a Certificate of Need that was issued by the South Dakota Department of Health (Department) to St. Luke's Hospital (St. Luke's) authorizing the hospital to acquire advanced cancer treatment equipment. A competing local hospital, Dakota Midland Hospital (Dakota Midland), appealed the Department's decision to the circuit court, which reversed and remanded the Department's decision. St. Luke's appeals to this court. We reverse...

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