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ROANOKE MEMORIAL HOSPITALS v. KENLEY

Record No. 0038-86-3.

352 S.E.2d 525 (1987)

ROANOKE MEMORIAL HOSPITALS v. James B. KENLEY, M.D., in his official capacity as Commissioner of Health and Lewis-Gale Hospital, Inc.

Court of Appeals of Virginia.

January 6, 1987.

Attorney(s) appearing for the Case

Gregory M. Luce (Fulbright & Jaworksi, Miles & Stockbridge, Washington, D.C., on brief), for appellant.

John A. Rupp, Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee James B. Kenley, M.D.

Virginia H. Hackney (Matthew D. Jenkins, Hunton & Williams, Richmond, Va., on brief), for appellee Lewis-Gale Hospital, Inc.

Present: KOONTZ, C.J., and COLE and HODGES, JJ.

COLE, Judge.

Roanoke Memorial Hospitals (Roanoke Memorial) appeals from a final judgment of a circuit court affirming a decision of an administrative agency. The issues on appeal are: (1) whether the circuit court erred in finding that Roanoke Memorial failed to demonstrate an error of law, as defined by Code § 9-6.14:17, in the decision of the Commissioner of Health to issue a Certificate of Need to Lewis-Gale Hospital, Inc.; and (2) whether the circuit court...

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