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CATHOLIC MED. CENTER v. ELLIOT HOSPITAL

No. 87-299.

130 N.H. 448 (1988)

CATHOLIC MEDICAL CENTER and PORTSMOUTH HOSPITAL v. ELLIOT HOSPITAL

Supreme Court of New Hampshire.

May 6, 1988.

Attorney(s) appearing for the Case

Craig & Wenners P.A., of Manchester (Vincent A. Wenners, Jr., and Gary L. Casinghino on the brief, and Mr. Wenners orally), for the plaintiffs.

Sheehan, Phinney, Bass & Green P.A., of Manchester (William J. Donovan and Jon S. Richardson on the brief, and Mr. Donovan orally), for the defendant.

JOHNSON, J.

The defendant, Elliot Hospital (Elliot), filed this interlocutory appeal of a ruling by the Superior Court (McHugh, J.). The court concluded that Elliot had violated RSA 151-C:4, I, by offering, on an outpatient basis, left heart catheterization (LHC) services without first obtaining a certificate of need (CON) from the health services planning and review board (the board). Elliot contests the portion of the trial court's decree which concluded...

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