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HUMANA OF KENTUCKY v. NKC HOSPITALS

No. 87-SC-357-DG.

751 S.W.2d 369 (1988)

HUMANA OF KENTUCKY, INC., d/b/a Humana Hospital Audubon, Movant, v. NKC HOSPITALS, INC., Kentucky Certificate of Need Authority, et al., Respondents.

Supreme Court of Kentucky.

As Corrected April 14, 1988.

As Modified on Denial of Rehearing June 30, 1988.

Attorney(s) appearing for the Case

Michael D. Baker, John Kevin West, Lexington, Bobby H. Richardson, Glasgow, for movant.

J. Larry Cashen, Susan T. Barnett, Rhonda E. Curry, Louisville, Ryan M. Halloran, John H. Walker, Cabinet for Human Rights, Frankfort, for respondents.

LEIBSON, Justice.

Movant, Humana of Kentucky, Inc., d/b/a Humana Hospital Audubon (Audubon) and respondent, NKC Hospitals, Inc. are competing hospitals in Louisville, Kentucky, both offering cardiac catheterization services and open heart surgery. Additionally, NKC, d/b/a Kosair Children's Hospital ("NKC/Children's") has an established children's pediatric open heart surgery and cardiac catheterization program, authorized and recognized in the State Health Plan which...

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